093_SB1070eng SB1070 Engrossed LRB093 06083 NHT 06186 b 1 AN ACT in relation to 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 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 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 SB1070 Engrossed -2- LRB093 06083 NHT 06186 b 1 semester. In this subsection (b), the term "student" includes 2 graduate students who are research assistants primarily 3 performing duties that involve research or graduate 4 assistants primarily performing duties that are 5 pre-professional, but excludes graduate students who are 6 teaching assistants primarily performing duties that involve 7 the delivery and support of instruction and all other 8 graduate assistants. 9 (c) "Employee organization" or "labor organization" 10 means an organization of any kind in which membership 11 includes educational employees, and which exists for the 12 purpose, in whole or in part, of dealing with employers 13 concerning grievances, employee-employer disputes, wages, 14 rates of pay, hours of employment, or conditions of work, but 15 shall not include any organization which practices 16 discrimination in membership because of race, color, creed, 17 age, gender, national origin or political affiliation. 18 (d) "Exclusive representative" means the labor 19 organization which has been designated by the Illinois 20 Educational Labor Relations Board as the representative of 21 the majority of educational employees in an appropriate unit, 22 or recognized by an educational employer prior to January 1, 23 1984 as the exclusive representative of the employees in an 24 appropriate unit or, after January 1, 1984, recognized by an 25 employer upon evidence that the employee organization has 26 been designated as the exclusive representative by a majority 27 of the employees in an appropriate unit. 28 (e) "Board" means the Illinois Educational Labor 29 Relations Board. 30 (f) "Regional Superintendent" means the regional 31 superintendent of schools provided for in Articles 3 and 3A 32 of The School Code. 33 (g) "Supervisor" means any individual having authority 34 in the interests of the employer to hire, transfer, suspend, SB1070 Engrossed -3- LRB093 06083 NHT 06186 b 1 lay off, recall, promote, discharge, reward or discipline 2 other employees within the appropriate bargaining unit and 3 adjust their grievances, or to effectively recommend such 4 action if the exercise of such authority is not of a merely 5 routine or clerical nature but requires the use of 6 independent judgment. The term "supervisor" includes only 7 those individuals who devote a preponderance of their 8 employment time to such exercising authority. 9 (h) "Unfair labor practice" or "unfair practice" means 10 any practice prohibited by Section 14 of this Act. 11 (i) "Person" includes an individual, educational 12 employee, educational employer, legal representative, or 13 employee organization. 14 (j) "Wages" means salaries or other forms of 15 compensation for services rendered. 16 (k) "Professional employee" means, in the case of a 17 public community college, State college or university, State 18 agency whose major function is providing educational 19 services, the Illinois School for the Deaf, and the Illinois 20 School for the Visually Impaired, (1) any employee engaged in 21 work (i) predominantly intellectual and varied in character 22 as opposed to routine mental, manual, mechanical, or physical 23 work; (ii) involving the consistent exercise of discretion 24 and judgment in its performance; (iii) of such character that 25 the output produced or the result accomplished cannot be 26 standardized in relation to a given period of time; and (iv) 27 requiring knowledge of an advanced type in a field of science 28 or learning customarily acquired by a prolonged course of 29 specialized intellectual instruction and study in an 30 institution of higher learning or a hospital, as 31 distinguished from a general academic education or from an 32 apprenticeship or from training in the performance of routine 33 mental, manual, or physical processes; or (2) any employee, 34 who (i) has completed the courses of specialized intellectual SB1070 Engrossed -4- LRB093 06083 NHT 06186 b 1 instruction and study described in clause (iv) of paragraph 2 (1) of this subsection, and (ii) is performing related work 3 under the supervision of a professional person to qualify 4 himself or herself to become a professional as defined in 5 paragraph (l). 6 (l) "Professional employee" means, in the case of any 7 public school district, or combination of school districts 8 pursuant to joint agreement, any employee who has a 9 certificate issued under Article 21 or Section 34-83 of the 10 School Code, as now or hereafter amended. 11 (m) "Unit" or "bargaining unit" means any group of 12 employees for which an exclusive representative is selected. 13 (n) "Confidential employee" means an employee, who (i) 14 in the regular course of his or her duties, assists and acts 15 in a confidential capacity to persons who formulate, 16 determine and effectuate management policies with regard to 17 labor relations or who (ii) in the regular course of his or 18 her duties has access to information relating to the 19 effectuation or review of the employer's collective 20 bargaining policies. 21 (o) "Managerial employee" means an individual who is 22 engaged predominantly in executive and management functions 23 and is charged with the responsibility of directing the 24 effectuation of such management policies and practices. 25 (p) "Craft employee" means a skilled journeyman, craft 26 person, and his or her apprentice or helper. 27 (q) "Short-term employee" is an employee who is employed 28 for less than 2 consecutive calendar quarters during a 29 calendar year and who does not have a reasonable expectation 30 that he or she will be rehired by the same employer for the 31 same service in a subsequent calendar year. Nothing in this 32 subsection shall affect the employee status of individuals 33 who were covered by a collective bargaining agreement on the 34 effective date of this amendatory Act of 1991. SB1070 Engrossed -5- LRB093 06083 NHT 06186 b 1 (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03; 2 revised 8-26-02.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.