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92_HB1720eng HB1720 Engrossed LRB9201532NTsb 1 AN ACT concerning educational labor relations. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Educational Labor Relations Act 5 is amended 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 9 governing body of a public school district, combination of 10 public school districts, including the governing body of 11 joint agreements of any type formed by 2 or more school 12 districts, public community college district or State college 13 or university, and any State agency whose major function is 14 providing educational services. "Educational employer" or 15 "employer" does not include a Financial Oversight Panel 16 created pursuant to Section 1A-8 of the School Code due to a 17 district violating a financial plan. 18 (b) "Educational employee" or "employee" means any 19 individual, excluding supervisors, managerial, confidential, 20 short term employees, student, and part-time academic 21 employees of community colleges employed full or part time by 22 an educational employer, but shall not include elected 23 officials and appointees of the Governor with the advice and 24 consent of the Senate, firefighters as defined by subsection 25 (g-1) of Section 3 of the Illinois Public Labor Relations 26 Act, and peace officers employed by a State university. For 27 the purposes of this Act, part-time academic employees of 28 community colleges shall be defined as those employees who 29 provide less than 6 credit hours of instruction per academic 30 semester. 31 (c) "Employee organization" or "labor organization" HB1720 Engrossed -2- LRB9201532NTsb 1 means an organization of any kind in which membership 2 includes educational employees, and which exists for the 3 purpose, in whole or in part, of dealing with employers 4 concerning grievances, employee-employer disputes, wages, 5 rates of pay, hours of employment, or conditions of work, but 6 shall not include any organization which practices 7 discrimination in membership because of race, color, creed, 8 age, gender, national origin or political affiliation. 9 (d) "Exclusive representative" means the labor 10 organization which has been designated by the Illinois 11 Educational Labor Relations Board as the representative of 12 the majority of educational employees in an appropriate unit, 13 or recognized by an educational employer prior to January 1, 14 1984 as the exclusive representative of the employees in an 15 appropriate unit or, after January 1, 1984, recognized by an 16 employer upon evidence that the employee organization has 17 been designated as the exclusive representative by a majority 18 of the employees in an appropriate unit. 19 (e) "Board" means the Illinois Educational Labor 20 Relations Board. 21 (f) "Regional Superintendent" means the regional 22 superintendent of schools provided for in Articles 3 and 3A 23 of The School Code. 24 (g) "Supervisor" means any individual having authority 25 in the interests of the employer to hire, transfer, suspend, 26 lay off, recall, promote, discharge, reward or discipline 27 other employees within the appropriate bargaining unit and 28 adjust their grievances, or to effectively recommend such 29 action if the exercise of such authority is not of a merely 30 routine or clerical nature but requires the use of 31 independent judgment. The term "supervisor" includes only 32 those individuals who devote a preponderance of their 33 employment time to such exercising authority. 34 (h) "Unfair labor practice" or "unfair practice" means HB1720 Engrossed -3- LRB9201532NTsb 1 any practice prohibited by Section 14 of this Act. 2 (i) "Person" includes an individual, educational 3 employee, educational employer, legal representative, or 4 employee organization. 5 (j) "Wages" means salaries or other forms of 6 compensation for services rendered. 7 (k) "Professional employee" means, in the case of a 8 public community college, State college or university, State 9 agency whose major function is providing educational 10 services, the Illinois School for the Deaf, and the Illinois 11 School for the Visually Impaired, (1) any employee engaged in 12 work (i) predominantly intellectual and varied in character 13 as opposed to routine mental, manual, mechanical, or physical 14 work; (ii) involving the consistent exercise of discretion 15 and judgment in its performance; (iii) of such character that 16 the output produced or the result accomplished cannot be 17 standardized in relation to a given period of time; and (iv) 18 requiring knowledge of an advanced type in a field of science 19 or learning customarily acquired by a prolonged course of 20 specialized intellectual instruction and study in an 21 institution of higher learning or a hospital, as 22 distinguished from a general academic education or from an 23 apprenticeship or from training in the performance of routine 24 mental, manual, or physical processes; or (2) any employee, 25 who (i) has completed the courses of specialized intellectual 26 instruction and study described in clause (iv) of paragraph 27 (1) of this subsection, and (ii) is performing related work 28 under the supervision of a professional person to qualify 29 himself or herself to become a professional as defined in 30 paragraph (l). 31 (l) "Professional employee" means, in the case of any 32 public school district, or combination of school districts 33 pursuant to joint agreement, any employee who has a 34 certificate issued under Article 21 or Section 34-83 of the HB1720 Engrossed -4- LRB9201532NTsb 1 School Code, as now or hereafter amended. 2 (m) "Unit" or "bargaining unit" means any group of 3 employees for which an exclusive representative is selected. 4 (n) "Confidential employee" means an employee, who (i) 5 in the regular course of his or her duties, assists and acts 6 in a confidential capacity to persons who formulate, 7 determine and effectuate management policies with regard to 8 labor relations or who (ii) in the regular course of his or 9 her duties has access to information relating to the 10 effectuation or review of the employer's collective 11 bargaining policies. 12 (o) "Managerial employee" means an individual who is 13 engaged predominantly in executive and management functions 14 and is charged with the responsibility of directing the 15 effectuation of such management policies and practices. 16 (p) "Craft employee" means a skilled journeyman, craft 17 person, and his or her apprentice or helper. 18 (q) "Short-term employee" is an employee who is employed 19 for less than 2 consecutive calendar quarters during a 20 calendar year and who does not have a reasonable expectation 21assurancethat he or she will be rehired by the same employer 22 for the same service in a subsequent calendar year. Nothing 23 in this subsection shall affect the employee status of 24 individuals who were covered by a collective bargaining 25 agreement on the effective date of this amendatory Act of 26 1991. 27 (Source: P.A. 89-409, eff. 11-15-95; 89-572, eff. 7-30-96.)