State of Illinois
91st General Assembly
Legislation

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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.

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