97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0225

 

Introduced 01/21/11, by Rep. Naomi D. Jakobsson

 

SYNOPSIS AS INTRODUCED:
 
115 ILCS 5/2  from Ch. 48, par. 1702

    Amends the Illinois Educational Labor Relations Act. With respect to the exclusion of students from the definition of "educational employee", deletes language that provides that the term "student" includes graduate assistants primarily performing duties that are pre-professional. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Educational Labor Relations Act is
5amended 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
9governing body of a public school district, including the
10governing body of a charter school established under Article
1127A of the School Code or of a contract school or contract
12turnaround school established under paragraph 30 of Section
1334-18 of the School Code, combination of public school
14districts, including the governing body of joint agreements of
15any type formed by 2 or more school districts, public community
16college district or State college or university, a
17subcontractor of instructional services of a school district
18(other than a school district organized under Article 34 of the
19School Code), combination of school districts, charter school
20established under Article 27A of the School Code, or contract
21school or contract turnaround school established under
22paragraph 30 of Section 34-18 of the School Code, and any State
23agency whose major function is providing educational services.

 

 

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1"Educational employer" or "employer" does not include (1) a
2Financial Oversight Panel created pursuant to Section 1A-8 of
3the School Code due to a district violating a financial plan or
4(2) an approved nonpublic special education facility that
5contracts with a school district or combination of school
6districts to provide special education services pursuant to
7Section 14-7.02 of the School Code, but does include a School
8Finance Authority created under Article 1E or 1F of the School
9Code. The change made by this amendatory Act of the 96th
10General Assembly to this paragraph (a) to make clear that the
11governing body of a charter school is an "educational employer"
12is declaratory of existing law.
13    (b) "Educational employee" or "employee" means any
14individual, excluding supervisors, managerial, confidential,
15short term employees, student, and part-time academic
16employees of community colleges employed full or part time by
17an educational employer, but shall not include elected
18officials and appointees of the Governor with the advice and
19consent of the Senate, firefighters as defined by subsection
20(g-1) of Section 3 of the Illinois Public Labor Relations Act,
21and peace officers employed by a State university. For the
22purposes of this Act, part-time academic employees of community
23colleges shall be defined as those employees who provide less
24than 3 credit hours of instruction per academic semester. In
25this subsection (b), the term "student" includes graduate
26students who are research assistants primarily performing

 

 

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1duties that involve research or graduate assistants primarily
2performing duties that are pre-professional, but excludes
3graduate students who are teaching assistants primarily
4performing duties that involve the delivery and support of
5instruction and all other graduate assistants.
6    (c) "Employee organization" or "labor organization" means
7an organization of any kind in which membership includes
8educational employees, and which exists for the purpose, in
9whole or in part, of dealing with employers concerning
10grievances, employee-employer disputes, wages, rates of pay,
11hours of employment, or conditions of work, but shall not
12include any organization which practices discrimination in
13membership because of race, color, creed, age, gender, national
14origin or political affiliation.
15    (d) "Exclusive representative" means the labor
16organization which has been designated by the Illinois
17Educational Labor Relations Board as the representative of the
18majority of educational employees in an appropriate unit, or
19recognized by an educational employer prior to January 1, 1984
20as the exclusive representative of the employees in an
21appropriate unit or, after January 1, 1984, recognized by an
22employer upon evidence that the employee organization has been
23designated as the exclusive representative by a majority of the
24employees in an appropriate unit.
25    (e) "Board" means the Illinois Educational Labor Relations
26Board.

 

 

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1    (f) "Regional Superintendent" means the regional
2superintendent of schools provided for in Articles 3 and 3A of
3The School Code.
4    (g) "Supervisor" means any individual having authority in
5the interests of the employer to hire, transfer, suspend, lay
6off, recall, promote, discharge, reward or discipline other
7employees within the appropriate bargaining unit and adjust
8their grievances, or to effectively recommend such action if
9the exercise of such authority is not of a merely routine or
10clerical nature but requires the use of independent judgment.
11The term "supervisor" includes only those individuals who
12devote a preponderance of their employment time to such
13exercising authority.
14    (h) "Unfair labor practice" or "unfair practice" means any
15practice prohibited by Section 14 of this Act.
16    (i) "Person" includes an individual, educational employee,
17educational employer, legal representative, or employee
18organization.
19    (j) "Wages" means salaries or other forms of compensation
20for services rendered.
21    (k) "Professional employee" means, in the case of a public
22community college, State college or university, State agency
23whose major function is providing educational services, the
24Illinois School for the Deaf, and the Illinois School for the
25Visually Impaired, (1) any employee engaged in work (i)
26predominantly intellectual and varied in character as opposed

 

 

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1to routine mental, manual, mechanical, or physical work; (ii)
2involving the consistent exercise of discretion and judgment in
3its performance; (iii) of such character that the output
4produced or the result accomplished cannot be standardized in
5relation to a given period of time; and (iv) requiring
6knowledge of an advanced type in a field of science or learning
7customarily acquired by a prolonged course of specialized
8intellectual instruction and study in an institution of higher
9learning or a hospital, as distinguished from a general
10academic education or from an apprenticeship or from training
11in the performance of routine mental, manual, or physical
12processes; or (2) any employee, who (i) has completed the
13courses of specialized intellectual instruction and study
14described in clause (iv) of paragraph (1) of this subsection,
15and (ii) is performing related work under the supervision of a
16professional person to qualify himself or herself to become a
17professional as defined in paragraph (l).
18    (l) "Professional employee" means, in the case of any
19public school district, or combination of school districts
20pursuant to joint agreement, any employee who has a certificate
21issued under Article 21 or Section 34-83 of the School Code, as
22now or hereafter amended.
23    (m) "Unit" or "bargaining unit" means any group of
24employees for which an exclusive representative is selected.
25    (n) "Confidential employee" means an employee, who (i) in
26the regular course of his or her duties, assists and acts in a

 

 

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1confidential capacity to persons who formulate, determine and
2effectuate management policies with regard to labor relations
3or who (ii) in the regular course of his or her duties has
4access to information relating to the effectuation or review of
5the employer's collective bargaining policies.
6    (o) "Managerial employee" means an individual who is
7engaged predominantly in executive and management functions
8and is charged with the responsibility of directing the
9effectuation of such management policies and practices.
10    (p) "Craft employee" means a skilled journeyman, craft
11person, and his or her apprentice or helper.
12    (q) "Short-term employee" is an employee who is employed
13for less than 2 consecutive calendar quarters during a calendar
14year and who does not have a reasonable expectation that he or
15she will be rehired by the same employer for the same service
16in a subsequent calendar year. Nothing in this subsection shall
17affect the employee status of individuals who were covered by a
18collective bargaining agreement on the effective date of this
19amendatory Act of 1991.
20(Source: P.A. 95-331, eff. 8-21-07; 96-104, eff. 1-1-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.