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91_HB1208
LRB9102567NTsb
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
17 created pursuant to Section 1A-8 of the School Code due to a
18 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. In this subsection (b), the term "student" does
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1 not include a graduate student employed by an institution of
2 higher education.
3 (c) "Employee organization" or "labor organization"
4 means an organization of any kind in which membership
5 includes educational employees, and which exists for the
6 purpose, in whole or in part, of dealing with employers
7 concerning grievances, employee-employer disputes, wages,
8 rates of pay, hours of employment, or conditions of work, but
9 shall not include any organization which practices
10 discrimination in membership because of race, color, creed,
11 age, gender, national origin or political affiliation.
12 (d) "Exclusive representative" means the labor
13 organization which has been designated by the Illinois
14 Educational Labor Relations Board as the representative of
15 the majority of educational employees in an appropriate unit,
16 or recognized by an educational employer prior to January 1,
17 1984 as the exclusive representative of the employees in an
18 appropriate unit or, after January 1, 1984, recognized by an
19 employer upon evidence that the employee organization has
20 been designated as the exclusive representative by a majority
21 of the employees in an appropriate unit.
22 (e) "Board" means the Illinois Educational Labor
23 Relations Board.
24 (f) "Regional Superintendent" means the regional
25 superintendent of schools provided for in Articles 3 and 3A
26 of The School Code.
27 (g) "Supervisor" means any individual having authority
28 in the interests of the employer to hire, transfer, suspend,
29 lay off, recall, promote, discharge, reward or discipline
30 other employees within the appropriate bargaining unit and
31 adjust their grievances, or to effectively recommend such
32 action if the exercise of such authority is not of a merely
33 routine or clerical nature but requires the use of
34 independent judgment. The term "supervisor" includes only
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1 those individuals who devote a preponderance of their
2 employment time to such exercising authority.
3 (h) "Unfair labor practice" or "unfair practice" means
4 any practice prohibited by Section 14 of this Act.
5 (i) "Person" includes an individual, educational
6 employee, educational employer, legal representative, or
7 employee organization.
8 (j) "Wages" means salaries or other forms of
9 compensation for services rendered.
10 (k) "Professional employee" means, in the case of a
11 public community college, State college or university, State
12 agency whose major function is providing educational
13 services, the Illinois School for the Deaf, and the Illinois
14 School for the Visually Impaired, (1) any employee engaged in
15 work (i) predominantly intellectual and varied in character
16 as opposed to routine mental, manual, mechanical, or physical
17 work; (ii) involving the consistent exercise of discretion
18 and judgment in its performance; (iii) of such character that
19 the output produced or the result accomplished cannot be
20 standardized in relation to a given period of time; and (iv)
21 requiring knowledge of an advanced type in a field of science
22 or learning customarily acquired by a prolonged course of
23 specialized intellectual instruction and study in an
24 institution of higher learning or a hospital, as
25 distinguished from a general academic education or from an
26 apprenticeship or from training in the performance of routine
27 mental, manual, or physical processes; or (2) any employee,
28 who (i) has completed the courses of specialized intellectual
29 instruction and study described in clause (iv) of paragraph
30 (1) of this subsection, and (ii) is performing related work
31 under the supervision of a professional person to qualify
32 himself or herself to become a professional as defined in
33 paragraph (l).
34 (l) "Professional employee" means, in the case of any
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1 public school district, or combination of school districts
2 pursuant to joint agreement, any employee who has a
3 certificate issued under Article 21 or Section 34-83 of the
4 School Code, as now or hereafter amended.
5 (m) "Unit" or "bargaining unit" means any group of
6 employees for which an exclusive representative is selected.
7 (n) "Confidential employee" means an employee, who (i)
8 in the regular course of his or her duties, assists and acts
9 in a confidential capacity to persons who formulate,
10 determine and effectuate management policies with regard to
11 labor relations or who (ii) in the regular course of his or
12 her duties has access to information relating to the
13 effectuation or review of the employer's collective
14 bargaining policies.
15 (o) "Managerial employee" means an individual who is
16 engaged predominantly in executive and management functions
17 and is charged with the responsibility of directing the
18 effectuation of such management policies and practices.
19 (p) "Craft employee" means a skilled journeyman, craft
20 person, and his or her apprentice or helper.
21 (q) "Short-term employee" is an employee who is employed
22 for less than 2 consecutive calendar quarters during a
23 calendar year and who does not have a reasonable assurance
24 that he or she will be rehired by the same employer for the
25 same service in a subsequent calendar year. Nothing in this
26 subsection shall affect the employee status of individuals
27 who were covered by a collective bargaining agreement on the
28 effective date of this amendatory Act of 1991.
29 (Source: P.A. 89-409, eff. 11-15-95; 89-572, eff. 7-30-96.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.