State of Illinois
92^nd General Assembly
Legislation

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92_HB3066eng

 
HB3066 Engrossed                               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, students, and managerial,
20    confidential, and short term employees, who is  student,  and
21    part-time  academic  employees of community colleges employed
22    full or part time by an educational employer, but  shall  not
23    include elected officials and appointees of the Governor with
24    the advice and consent of the Senate, firefighters as defined
25    by subsection (g-1) of Section 3 of the Illinois Public Labor
26    Relations  Act,  and  peace  officers  employed  by  a  State
27    university.  For the purposes of this Act, part-time academic
28    employees  of  community  colleges  shall be defined as those
29    employees who provide less than 6 credit hours of instruction
30    per academic semester.
31        (c)  "Employee  organization"  or  "labor   organization"
 
HB3066 Engrossed            -2-                LRB9204490NTtm
 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
 
HB3066 Engrossed            -3-                LRB9204490NTtm
 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
 
HB3066 Engrossed            -4-                LRB9204490NTtm
 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.)

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