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90_HB1488
115 ILCS 5/2 from Ch. 48, par. 1702
Amends the Illinois Educational Labor Relations Act.
Makes a change of grammar in the provisions defining the
terms "educational employer" and "employer".
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1 AN ACT to amend the Illinois Educational Labor Relations
2 Act by changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
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 that
17 is created pursuant to Section 1A-8 of the School Code due to
18 a district violating a financial plan.
19 (b) "Educational employee" or "employee" means any
20 individual, excluding supervisors, managerial, confidential,
21 short term employees, student, and part-time academic
22 employees of community colleges employed full or part time by
23 an educational employer, but shall not include elected
24 officials and appointees of the Governor with the advice and
25 consent of the Senate, firefighters as defined by subsection
26 (g-1) of Section 3 of the Illinois Public Labor Relations
27 Act, and peace officers employed by a State university. For
28 the purposes of this Act, part-time academic employees of
29 community colleges shall be defined as those employees who
30 provide less than 6 credit hours of instruction per academic
31 semester.
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1 (c) "Employee organization" or "labor organization"
2 means an organization of any kind in which membership
3 includes educational employees, and which exists for the
4 purpose, in whole or in part, of dealing with employers
5 concerning grievances, employee-employer disputes, wages,
6 rates of pay, hours of employment, or conditions of work, but
7 shall not include any organization which practices
8 discrimination in membership because of race, color, creed,
9 age, gender, national origin or political affiliation.
10 (d) "Exclusive representative" means the labor
11 organization which has been designated by the Illinois
12 Educational Labor Relations Board as the representative of
13 the majority of educational employees in an appropriate unit,
14 or recognized by an educational employer prior to January 1,
15 1984 as the exclusive representative of the employees in an
16 appropriate unit or, after January 1, 1984, recognized by an
17 employer upon evidence that the employee organization has
18 been designated as the exclusive representative by a majority
19 of the employees in an appropriate unit.
20 (e) "Board" means the Illinois Educational Labor
21 Relations Board.
22 (f) "Regional Superintendent" means the regional
23 superintendent of schools provided for in Articles 3 and 3A
24 of The School Code.
25 (g) "Supervisor" means any individual having authority
26 in the interests of the employer to hire, transfer, suspend,
27 lay off, recall, promote, discharge, reward or discipline
28 other employees within the appropriate bargaining unit and
29 adjust their grievances, or to effectively recommend such
30 action if the exercise of such authority is not of a merely
31 routine or clerical nature but requires the use of
32 independent judgment. The term "supervisor" includes only
33 those individuals who devote a preponderance of their
34 employment time to such exercising authority.
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1 (h) "Unfair labor practice" or "unfair practice" means
2 any practice prohibited by Section 14 of this Act.
3 (i) "Person" includes an individual, educational
4 employee, educational employer, legal representative, or
5 employee organization.
6 (j) "Wages" means salaries or other forms of
7 compensation for services rendered.
8 (k) "Professional employee" means, in the case of a
9 public community college, State college or university, State
10 agency whose major function is providing educational
11 services, the Illinois School for the Deaf, and the Illinois
12 School for the Visually Impaired, (1) any employee engaged in
13 work (i) predominantly intellectual and varied in character
14 as opposed to routine mental, manual, mechanical, or physical
15 work; (ii) involving the consistent exercise of discretion
16 and judgment in its performance; (iii) of such character that
17 the output produced or the result accomplished cannot be
18 standardized in relation to a given period of time; and (iv)
19 requiring knowledge of an advanced type in a field of science
20 or learning customarily acquired by a prolonged course of
21 specialized intellectual instruction and study in an
22 institution of higher learning or a hospital, as
23 distinguished from a general academic education or from an
24 apprenticeship or from training in the performance of routine
25 mental, manual, or physical processes; or (2) any employee,
26 who (i) has completed the courses of specialized intellectual
27 instruction and study described in clause (iv) of paragraph
28 (1) of this subsection, and (ii) is performing related work
29 under the supervision of a professional person to qualify
30 himself or herself to become a professional as defined in
31 paragraph (l).
32 (l) "Professional employee" means, in the case of any
33 public school district, or combination of school districts
34 pursuant to joint agreement, any employee who has a
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1 certificate issued under Article 21 or Section 34-83 of the
2 School Code, as now or hereafter amended.
3 (m) "Unit" or "bargaining unit" means any group of
4 employees for which an exclusive representative is selected.
5 (n) "Confidential employee" means an employee, who (i)
6 in the regular course of his or her duties, assists and acts
7 in a confidential capacity to persons who formulate,
8 determine and effectuate management policies with regard to
9 labor relations or who (ii) in the regular course of his or
10 her duties has access to information relating to the
11 effectuation or review of the employer's collective
12 bargaining policies.
13 (o) "Managerial employee" means an individual who is
14 engaged predominantly in executive and management functions
15 and is charged with the responsibility of directing the
16 effectuation of such management policies and practices.
17 (p) "Craft employee" means a skilled journeyman, craft
18 person, and his or her apprentice or helper.
19 (q) "Short-term employee" is an employee who is employed
20 for less than 2 consecutive calendar quarters during a
21 calendar year and who does not have a reasonable assurance
22 that he or she will be rehired by the same employer for the
23 same service in a subsequent calendar year. Nothing in this
24 subsection shall affect the employee status of individuals
25 who were covered by a collective bargaining agreement on the
26 effective date of this amendatory Act of 1991.
27 (Source: P.A. 89-409, eff. 11-15-95; 89-572, eff. 7-30-96.)