093_HB2959

 
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 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 but does include a School
18    Finance  Authority  created  under  Article  1E of the School
19    Code.
20        (b)  "Educational  employee"  or  "employee"  means   any
21    individual,  excluding supervisors, students, and managerial,
22    confidential, and short term employees, who is  student,  and
23    part-time  academic  employees of community colleges employed
24    full or part time by an educational employer, but  shall  not
25    include elected officials and appointees of the Governor with
26    the advice and consent of the Senate, firefighters as defined
27    by subsection (g-1) of Section 3 of the Illinois Public Labor
28    Relations  Act,  and  peace  officers  employed  by  a  State
29    university.  For the purposes of this Act, part-time academic
30    employees  of  community  colleges  shall be defined as those
31    employees who provide less than 6 credit hours of instruction
 
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 1    per academic semester.
 2        (c)  "Employee  organization"  or  "labor   organization"
 3    means  an  organization  of  any  kind  in  which  membership
 4    includes  educational  employees,  and  which  exists for the
 5    purpose, in whole or  in  part,  of  dealing  with  employers
 6    concerning  grievances,  employee-employer  disputes,  wages,
 7    rates of pay, hours of employment, or conditions of work, but
 8    shall   not   include   any   organization   which  practices
 9    discrimination in membership because of race,  color,  creed,
10    age, gender, national origin or political affiliation.
11        (d)  "Exclusive    representative"    means   the   labor
12    organization  which  has  been  designated  by  the  Illinois
13    Educational Labor Relations Board as  the  representative  of
14    the majority of educational employees in an appropriate unit,
15    or  recognized by an educational employer prior to January 1,
16    1984 as the exclusive representative of the employees  in  an
17    appropriate  unit or, after January 1, 1984, recognized by an
18    employer upon evidence that  the  employee  organization  has
19    been designated as the exclusive representative by a majority
20    of the employees in an appropriate unit.
21        (e)  "Board"   means   the   Illinois  Educational  Labor
22    Relations Board.
23        (f)  "Regional   Superintendent"   means   the   regional
24    superintendent of schools provided for in Articles 3  and  3A
25    of The School Code.
26        (g)  "Supervisor"  means  any individual having authority
27    in the interests of the employer to hire, transfer,  suspend,
28    lay  off,  recall,  promote,  discharge, reward or discipline
29    other employees within the appropriate  bargaining  unit  and
30    adjust  their  grievances,  or  to effectively recommend such
31    action if the exercise of such authority is not of  a  merely
32    routine   or   clerical   nature  but  requires  the  use  of
33    independent judgment.  The term  "supervisor"  includes  only
34    those   individuals  who  devote  a  preponderance  of  their
 
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 1    employment time to such exercising authority.
 2        (h)  "Unfair labor practice" or "unfair  practice"  means
 3    any practice prohibited by Section 14 of this Act.
 4        (i)  "Person"   includes   an   individual,   educational
 5    employee,  educational  employer,  legal  representative,  or
 6    employee organization.
 7        (j)  "Wages"   means   salaries   or   other   forms   of
 8    compensation for services rendered.
 9        (k)  "Professional  employee"  means,  in  the  case of a
10    public community college, State college or university,  State
11    agency   whose   major   function  is  providing  educational
12    services, the Illinois School for the Deaf, and the  Illinois
13    School for the Visually Impaired, (1) any employee engaged in
14    work  (i)  predominantly intellectual and varied in character
15    as opposed to routine mental, manual, mechanical, or physical
16    work; (ii) involving the consistent  exercise  of  discretion
17    and judgment in its performance; (iii) of such character that
18    the  output  produced  or  the  result accomplished cannot be
19    standardized in relation to a given period of time; and  (iv)
20    requiring knowledge of an advanced type in a field of science
21    or  learning  customarily  acquired  by a prolonged course of
22    specialized  intellectual  instruction  and   study   in   an
23    institution   of   higher   learning   or   a   hospital,  as
24    distinguished from a general academic education  or  from  an
25    apprenticeship or from training in the performance of routine
26    mental,  manual,  or physical processes; or (2) any employee,
27    who (i) has completed the courses of specialized intellectual
28    instruction and study described in clause (iv)  of  paragraph
29    (1)  of  this subsection, and (ii) is performing related work
30    under the supervision of a  professional  person  to  qualify
31    himself  or  herself  to  become a professional as defined in
32    paragraph (l).
33        (l)  "Professional employee" means, in the  case  of  any
34    public  school  district,  or combination of school districts
 
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 1    pursuant  to  joint  agreement,  any  employee  who   has   a
 2    certificate  issued  under Article 21 or Section 34-83 of the
 3    School Code, as now or hereafter amended.
 4        (m)  "Unit" or  "bargaining  unit"  means  any  group  of
 5    employees for which an exclusive representative is selected.
 6        (n)  "Confidential  employee"  means an employee, who (i)
 7    in the regular course of his or her duties, assists and  acts
 8    in   a   confidential  capacity  to  persons  who  formulate,
 9    determine and effectuate management policies with  regard  to
10    labor  relations  or who (ii) in the regular course of his or
11    her  duties  has  access  to  information  relating  to   the
12    effectuation   or   review   of   the  employer's  collective
13    bargaining policies.
14        (o)  "Managerial employee" means  an  individual  who  is
15    engaged  predominantly  in executive and management functions
16    and is charged  with  the  responsibility  of  directing  the
17    effectuation of such management policies and practices.
18        (p)  "Craft  employee"  means a skilled journeyman, craft
19    person, and his or her apprentice or helper.
20        (q)  "Short-term employee" is an employee who is employed
21    for less  than  2  consecutive  calendar  quarters  during  a
22    calendar  year and who does not have a reasonable expectation
23    that he or she will be rehired by the same employer  for  the
24    same  service in a subsequent calendar year.  Nothing in this
25    subsection shall affect the employee  status  of  individuals
26    who  were covered by a collective bargaining agreement on the
27    effective date of this amendatory Act of 1991.
28    (Source: P.A. 92-547,  eff.  6-13-02;  92-748,  eff.  1-1-03;
29    revised 8-26-02.)

30        Section  90.  The State Mandates Act is amended by adding
31    Section 8.27 as follows:

32        (30 ILCS 805/8.27 new)
 
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 1        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 2    and  8 of this Act, no reimbursement by the State is required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 93rd General Assembly.