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92_HB3066
LRB9204490NTtm
1 AN ACT in relation to 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 3 6 credit hours of instruction per
30 academic semester.
31 (c) "Employee organization" or "labor organization"
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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
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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
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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 assurance
21 that he or she will be rehired by the same employer for the
22 same service in a subsequent calendar year. Nothing in this
23 subsection shall affect the employee status of individuals
24 who were covered by a collective bargaining agreement on the
25 effective date of this amendatory Act of 1991.
26 (Source: P.A. 89-409, eff. 11-15-95; 89-572, eff. 7-30-96.)