093_HB3405eng HB3405 Engrossed LRB093 05262 NHT 05350 b 1 AN ACT concerning educational 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 or 1F of the 19 School Code. 20 (b) "Educational employee" or "employee" means any 21 individual, excluding supervisors, managerial, confidential, 22 short term employees, student, and part-time academic 23 employees of community colleges employed full or part time by 24 an educational employer, but shall not include elected 25 officials and appointees of the Governor with the advice and 26 consent of the Senate, firefighters as defined by subsection 27 (g-1) of Section 3 of the Illinois Public Labor Relations 28 Act, and peace officers employed by a State university. For 29 the purposes of this Act, part-time academic employees of 30 community colleges shall be defined as those employees who 31 provide less than 6 credit hours of instruction per academic HB3405 Engrossed -2- LRB093 05262 NHT 05350 b 1 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 HB3405 Engrossed -3- LRB093 05262 NHT 05350 b 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 HB3405 Engrossed -4- LRB093 05262 NHT 05350 b 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 99. Effective date. This Act takes effect upon 31 becoming law.