Public Act 093-1044
 		





SB1070 Enrolled
LRB093 06083 NHT 06186 b






    AN ACT in relation to educational labor relations. 

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


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


 
    (115 ILCS 5/2)  (from Ch. 48, par. 1702)

    Sec. 2. Definitions.  As used in this Act:


    (a) "Educational employer"
or "employer" means the 
governing body of a public school district, combination
of 
public school districts, including the governing body of joint 
agreements
of any type formed by 2 or more school districts, 
public community college
district or State college or 
university, and any State agency whose major
function is 
providing educational services.
"Educational employer" or 
"employer" does not include a Financial Oversight
Panel created 
pursuant to Section 1A-8 of the School Code due to a
district

violating a financial plan but does include a School Finance 
Authority
created
under Article 1E of the School Code.


    (b) "Educational employee" or "employee" means any 
individual, excluding
supervisors, managerial, confidential, 
short term employees, student, and
part-time academic 
employees of community colleges employed full or part
time by 
an educational employer, but shall not include elected 
officials
and appointees of the Governor with the advice and 
consent of the Senate,
firefighters as defined by subsection 
(g-1) of Section 3 of the Illinois
Public Labor Relations Act, 
and peace officers employed by a State
university.  For the 
purposes of this Act, part-time
academic employees of community 
colleges shall be defined as those
employees who provide less 
than 6 credit hours of instruction per academic
semester.
In 
this subsection (b), the term "student"
includes graduate 
students who are research assistants primarily
performing 
duties that involve research or graduate assistants primarily

performing duties that are pre-professional, but excludes 
graduate
students who are teaching assistants primarily 
performing duties that
involve the delivery and support of 
instruction and all other graduate
assistants.


    (c) "Employee organization" or "labor organization" means 
an organization
of any kind in which membership includes 
educational employees, and which
exists for the purpose, in 
whole or in part, of dealing with employers
concerning 
grievances, employee-employer disputes, wages, rates of pay,

hours of employment, or conditions of work, but shall not 
include any
organization which practices discrimination in 
membership because of race,
color, creed, age, gender, national 
origin or political affiliation.


    (d) "Exclusive representative" means the labor 
organization which has
been designated by the Illinois 
Educational Labor Relations Board as the
representative of the 
majority of educational employees in an appropriate
unit, or 
recognized by an educational employer prior to January 1, 1984 
as
the exclusive representative of the employees in an 
appropriate unit or,
after January 1, 1984, recognized by an 
employer upon evidence that the
employee organization has been 
designated as the exclusive representative
by a majority of the 
employees in an appropriate unit.


    (e) "Board" means the Illinois Educational Labor Relations 
Board.


    (f) "Regional Superintendent" means the regional 
superintendent of
schools provided for in Articles 3 and 3A of 
The School Code.


    (g) "Supervisor" means any individual having authority in 
the interests
of the employer to hire, transfer, suspend, lay 
off, recall, promote,
discharge, reward or discipline other 
employees within the appropriate
bargaining unit and adjust 
their grievances, or to effectively recommend
such action if 
the exercise of such authority is not of a merely routine or

clerical nature but requires the use of independent judgment.  
The term
"supervisor" includes only those individuals who 
devote a preponderance of
their employment time to such 
exercising authority.


    (h) "Unfair labor practice" or "unfair practice" means any 
practice
prohibited by Section 14 of this Act.


    (i) "Person" includes an individual, educational employee, 
educational
employer, legal representative, or employee 
organization.


    (j) "Wages" means salaries or other forms of compensation 
for services
rendered.


    (k) "Professional employee" means, in the case of a public 
community
college, State college or university, State agency 
whose major function is
providing educational services, the 
Illinois School for the Deaf, and the
Illinois School for the 
Visually Impaired, (1) any employee engaged in work
(i) 
predominantly intellectual and varied in character as opposed 
to
routine mental, manual, mechanical, or physical work; (ii) 
involving the
consistent exercise of discretion and judgment in 
its performance; (iii) of
such character that the output 
produced or the result accomplished cannot
be standardized in 
relation to a given period of time; and (iv) requiring

knowledge of an advanced type in a field of science or learning 
customarily
acquired by a prolonged course of specialized 
intellectual instruction and
study in an institution of higher 
learning or a hospital, as distinguished
from a general 
academic education or from an apprenticeship or from training

in the performance of routine mental, manual, or physical 
processes; or
(2) any employee, who (i) has completed the 
courses of specialized
intellectual instruction and study 
described in clause (iv) of paragraph
(1) of this subsection, 
and (ii) is performing related work under the
supervision of a 
professional person to qualify himself or herself to
become a 
professional as defined in paragraph (l).


    (l) "Professional employee" means, in the case of any 
public school
district, or combination of school districts 
pursuant to joint agreement,
any employee who has a certificate 
issued under Article 21 or Section 34-83
of the School Code, as 
now or hereafter amended.


    (m) "Unit" or "bargaining unit" means any group of 
employees for which
an exclusive representative is selected.


    (n) "Confidential employee" means an employee, who (i) in 
the regular
course of his or her duties, assists and acts in a 
confidential capacity to
persons who formulate, determine and 
effectuate management policies with
regard to labor relations 
or who (ii) in the regular course of his or her
duties has 
access to information relating to the effectuation or review of

the employer's collective bargaining policies.


    (o) "Managerial employee" means an individual who is 
engaged
predominantly in executive and management functions 
and is charged with the
responsibility of directing the 
effectuation of such management policies and
practices.


    (p) "Craft employee" means a skilled journeyman, craft 
person, and his
or her apprentice or helper.


    (q) "Short-term employee" is an employee who is employed 
for less than
2 consecutive calendar quarters during a calendar 
year and who does not
have a reasonable expectation that he or 
she will be rehired by the same
employer for the same service 
in a subsequent calendar year.  Nothing in
this subsection shall 
affect the employee status of individuals who were
covered by a 
collective bargaining agreement on the effective date of this

amendatory Act of 1991.


(Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03; 
revised 8-26-02.)


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