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91_HB1208eng HB1208 Engrossed 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 HB1208 Engrossed -2- LRB9102567NTsb 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 HB1208 Engrossed -3- LRB9102567NTsb 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 HB1208 Engrossed -4- LRB9102567NTsb 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.