093_SB1070ham001

 










                                     LRB093 06083 NHT 15035 a

 1                    AMENDMENT TO SENATE BILL 1070

 2        AMENDMENT NO.     .  Amend Senate Bill 1070 by  replacing
 3    everything after the enacting clause with the following:

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