Sen. Daniel Biss

Filed: 2/15/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2546 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Educational Labor Relations Act is
5amended 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
9governing body of a public school district, including the
10governing body of a charter school established under Article
1127A of the School Code or of a contract school or contract
12turnaround school established under paragraph 30 of Section
1334-18 of the School Code, combination of public school
14districts, including the governing body of joint agreements of
15any type formed by 2 or more school districts, public community
16college district or State college or university, a



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1subcontractor of instructional services of a school district
2(other than a school district organized under Article 34 of the
3School Code), combination of school districts, charter school
4established under Article 27A of the School Code, or contract
5school or contract turnaround school established under
6paragraph 30 of Section 34-18 of the School Code, an
7Independent Authority created under Section 2-3.25f-5 of the
8School Code, and any State agency whose major function is
9providing educational services. "Educational employer" or
10"employer" does not include (1) a Financial Oversight Panel
11created pursuant to Section 1A-8 of the School Code due to a
12district violating a financial plan or (2) an approved
13nonpublic special education facility that contracts with a
14school district or combination of school districts to provide
15special education services pursuant to Section 14-7.02 of the
16School Code, but does include a School Finance Authority
17created under Article 1E or 1F of the School Code and a
18Financial Oversight Panel created under Article 1B or 1H of the
19School Code. The change made by this amendatory Act of the 96th
20General Assembly to this paragraph (a) to make clear that the
21governing body of a charter school is an "educational employer"
22is declaratory of existing law.
23    (b) "Educational employee" or "employee" means any
24individual, excluding supervisors, managerial, confidential,
25short term employees, student, and part-time academic
26employees of community colleges employed full or part time by



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1an educational employer, but shall not include elected
2officials and appointees of the Governor with the advice and
3consent of the Senate, firefighters as defined by subsection
4(g-1) of Section 3 of the Illinois Public Labor Relations Act,
5and peace officers employed by a State university. For the
6purposes of this Act, part-time academic employees of community
7colleges shall be defined as those employees who provide less
8than 3 credit hours of instruction per academic semester. In
9this subsection (b), the term "student" does not include
10includes graduate students who are research assistants
11primarily performing duties that involve research, or graduate
12assistants primarily performing duties that are
13pre-professional, but excludes graduate students who are
14teaching assistants primarily performing duties that involve
15the delivery and support of instruction, or any and all other
16graduate assistants.
17    (c) "Employee organization" or "labor organization" means
18an organization of any kind in which membership includes
19educational employees, and which exists for the purpose, in
20whole or in part, of dealing with employers concerning
21grievances, employee-employer disputes, wages, rates of pay,
22hours of employment, or conditions of work, but shall not
23include any organization which practices discrimination in
24membership because of race, color, creed, age, gender, national
25origin or political affiliation.
26    (d) "Exclusive representative" means the labor



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1organization which has been designated by the Illinois
2Educational Labor Relations Board as the representative of the
3majority of educational employees in an appropriate unit, or
4recognized by an educational employer prior to January 1, 1984
5as the exclusive representative of the employees in an
6appropriate unit or, after January 1, 1984, recognized by an
7employer upon evidence that the employee organization has been
8designated as the exclusive representative by a majority of the
9employees in an appropriate unit.
10    (e) "Board" means the Illinois Educational Labor Relations
12    (f) "Regional Superintendent" means the regional
13superintendent of schools provided for in Articles 3 and 3A of
14The School Code.
15    (g) "Supervisor" means any individual having authority in
16the interests of the employer to hire, transfer, suspend, lay
17off, recall, promote, discharge, reward or discipline other
18employees within the appropriate bargaining unit and adjust
19their grievances, or to effectively recommend such action if
20the exercise of such authority is not of a merely routine or
21clerical nature but requires the use of independent judgment.
22The term "supervisor" includes only those individuals who
23devote a preponderance of their employment time to such
24exercising authority.
25    (h) "Unfair labor practice" or "unfair practice" means any
26practice prohibited by Section 14 of this Act.



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1    (i) "Person" includes an individual, educational employee,
2educational employer, legal representative, or employee
4    (j) "Wages" means salaries or other forms of compensation
5for services rendered.
6    (k) "Professional employee" means, in the case of a public
7community college, State college or university, State agency
8whose major function is providing educational services, the
9Illinois School for the Deaf, and the Illinois School for the
10Visually Impaired, (1) any employee engaged in work (i)
11predominantly intellectual and varied in character as opposed
12to routine mental, manual, mechanical, or physical work; (ii)
13involving the consistent exercise of discretion and judgment in
14its performance; (iii) of such character that the output
15produced or the result accomplished cannot be standardized in
16relation to a given period of time; and (iv) requiring
17knowledge of an advanced type in a field of science or learning
18customarily acquired by a prolonged course of specialized
19intellectual instruction and study in an institution of higher
20learning or a hospital, as distinguished from a general
21academic education or from an apprenticeship or from training
22in the performance of routine mental, manual, or physical
23processes; or (2) any employee, who (i) has completed the
24courses of specialized intellectual instruction and study
25described in clause (iv) of paragraph (1) of this subsection,
26and (ii) is performing related work under the supervision of a



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1professional person to qualify himself or herself to become a
2professional as defined in paragraph (l).
3    (l) "Professional employee" means, in the case of any
4public school district, or combination of school districts
5pursuant to joint agreement, any employee who has a certificate
6issued under Article 21 or Section 34-83 of the School Code, as
7now or hereafter amended.
8    (m) "Unit" or "bargaining unit" means any group of
9employees for which an exclusive representative is selected.
10    (n) "Confidential employee" means an employee, who (i) in
11the regular course of his or her duties, assists and acts in a
12confidential capacity to persons who formulate, determine and
13effectuate management policies with regard to labor relations
14or who (ii) in the regular course of his or her duties has
15access to information relating to the effectuation or review of
16the employer's collective bargaining policies.
17    (o) "Managerial employee" means an individual who is
18engaged predominantly in executive and management functions
19and is charged with the responsibility of directing the
20effectuation of such management policies and practices.
21    (p) "Craft employee" means a skilled journeyman, craft
22person, and his or her apprentice or helper.
23    (q) "Short-term employee" is an employee who is employed
24for less than 2 consecutive calendar quarters during a calendar
25year and who does not have a reasonable expectation that he or
26she will be rehired by the same employer for the same service



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1in a subsequent calendar year. Nothing in this subsection shall
2affect the employee status of individuals who were covered by a
3collective bargaining agreement on the effective date of this
4amendatory Act of 1991.
5(Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".