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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Educational Labor Relations Act is | ||||||||||||||||||||||||||
5 | amended by changing Section 2 as follows:
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6 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
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7 | Sec. 2. Definitions. As used in this Act:
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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 joint | ||||||||||||||||||||||||||
11 | agreements
of any type formed by 2 or more school districts, | ||||||||||||||||||||||||||
12 | public community college
district or State college or | ||||||||||||||||||||||||||
13 | 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 created | ||||||||||||||||||||||||||
16 | pursuant to Section 1A-8 of the School Code due to a
district
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17 | violating a financial plan but does include a School Finance | ||||||||||||||||||||||||||
18 | Authority
created
under Article 1E or 1F of the School Code.
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19 | (b) "Educational employee" or "employee" means any | ||||||||||||||||||||||||||
20 | individual, excluding
supervisors, managerial, confidential, | ||||||||||||||||||||||||||
21 | short term employees, student, and
part-time academic | ||||||||||||||||||||||||||
22 | employees of community colleges employed full or part
time by | ||||||||||||||||||||||||||
23 | an educational employer, but shall not include elected | ||||||||||||||||||||||||||
24 | officials
and appointees of the Governor with the advice and | ||||||||||||||||||||||||||
25 | consent of the Senate,
firefighters as defined by subsection | ||||||||||||||||||||||||||
26 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||||||||||||||||||||||
27 | and peace officers employed by a State
university. | ||||||||||||||||||||||||||
28 | Notwithstanding this definition or any other law to the | ||||||||||||||||||||||||||
29 | contrary, for the purposes of this Act, any individual with an | ||||||||||||||||||||||||||
30 | administrative certificate issued pursuant to Article 21 of the | ||||||||||||||||||||||||||
31 | School Code and employed full-time or part-time as an | ||||||||||||||||||||||||||
32 | administrator, principal, or assistant principal by a school |
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1 | district organized under Article 34 of the School Code is an | ||||||
2 | "educational employee" or "employee". For the purposes of this | ||||||
3 | Act, part-time
academic employees of community colleges shall | ||||||
4 | be defined as those
employees who provide less than 3 credit | ||||||
5 | hours of instruction per
academic
semester. In this subsection | ||||||
6 | (b), the term "student"
includes graduate students who are | ||||||
7 | research assistants primarily
performing duties that involve | ||||||
8 | research or graduate assistants primarily
performing duties | ||||||
9 | that are pre-professional, but excludes graduate
students who | ||||||
10 | are teaching assistants primarily performing duties that
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11 | involve the delivery and support of instruction and all other | ||||||
12 | graduate
assistants.
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13 | (c) "Employee organization" or "labor organization" means | ||||||
14 | an organization
of any kind in which membership includes | ||||||
15 | educational employees, and which
exists for the purpose, in | ||||||
16 | whole or in part, of dealing with employers
concerning | ||||||
17 | grievances, employee-employer disputes, wages, rates of pay,
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18 | hours of employment, or conditions of work, but shall not | ||||||
19 | include any
organization which practices discrimination in | ||||||
20 | membership because of race,
color, creed, age, gender, national | ||||||
21 | origin or political affiliation.
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22 | (d) "Exclusive representative" means the labor | ||||||
23 | organization which has
been designated by the Illinois | ||||||
24 | Educational Labor Relations Board as the
representative of the | ||||||
25 | majority of educational employees in an appropriate
unit, or | ||||||
26 | recognized by an educational employer prior to January 1, 1984 | ||||||
27 | as
the exclusive representative of the employees in an | ||||||
28 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
29 | employer upon evidence that the
employee organization has been | ||||||
30 | designated as the exclusive representative
by a majority of the | ||||||
31 | employees in an appropriate unit.
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32 | (e) "Board" means the Illinois Educational Labor Relations | ||||||
33 | Board.
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34 | (f) "Regional Superintendent" means the regional | ||||||
35 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
36 | The School Code.
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1 | (g) "Supervisor" means any individual having authority in | ||||||
2 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
3 | off, recall, promote,
discharge, reward or discipline other | ||||||
4 | employees within the appropriate
bargaining unit and adjust | ||||||
5 | their grievances, or to effectively recommend
such action if | ||||||
6 | the exercise of such authority is not of a merely routine or
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7 | clerical nature but requires the use of independent judgment. | ||||||
8 | The term
"supervisor" includes only those individuals who | ||||||
9 | devote a preponderance of
their employment time to such | ||||||
10 | exercising authority.
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11 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
12 | practice
prohibited by Section 14 of this Act.
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13 | (i) "Person" includes an individual, educational employee, | ||||||
14 | educational
employer, legal representative, or employee | ||||||
15 | organization.
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16 | (j) "Wages" means salaries or other forms of compensation | ||||||
17 | for services
rendered.
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18 | (k) "Professional employee" means, in the case of a public | ||||||
19 | community
college, State college or university, State agency | ||||||
20 | whose major function is
providing educational services, the | ||||||
21 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
22 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
23 | predominantly intellectual and varied in character as opposed | ||||||
24 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
25 | involving the
consistent exercise of discretion and judgment in | ||||||
26 | its performance; (iii) of
such character that the output | ||||||
27 | produced or the result accomplished cannot
be standardized in | ||||||
28 | relation to a given period of time; and (iv) requiring
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29 | knowledge of an advanced type in a field of science or learning | ||||||
30 | customarily
acquired by a prolonged course of specialized | ||||||
31 | intellectual instruction and
study in an institution of higher | ||||||
32 | learning or a hospital, as distinguished
from a general | ||||||
33 | academic education or from an apprenticeship or from training
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34 | in the performance of routine mental, manual, or physical | ||||||
35 | processes; or
(2) any employee, who (i) has completed the | ||||||
36 | courses of specialized
intellectual instruction and study |
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1 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
2 | and (ii) is performing related work under the
supervision of a | ||||||
3 | professional person to qualify himself or herself to
become a | ||||||
4 | professional as defined in paragraph (l).
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5 | (l) "Professional employee" means, in the case of any | ||||||
6 | public school
district, or combination of school districts | ||||||
7 | pursuant to joint agreement,
any employee who has a certificate | ||||||
8 | issued under Article 21 or Section 34-83
of the School Code, as | ||||||
9 | now or hereafter amended.
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10 | (m) "Unit" or "bargaining unit" means any group of | ||||||
11 | employees for which
an exclusive representative is selected.
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12 | (n) "Confidential employee" means an employee, who (i) in | ||||||
13 | the regular
course of his or her duties, assists and acts in a | ||||||
14 | confidential capacity to
persons who formulate, determine and | ||||||
15 | effectuate management policies with
regard to labor relations | ||||||
16 | or who (ii) in the regular course of his or her
duties has | ||||||
17 | access to information relating to the effectuation or review of
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18 | the employer's collective bargaining policies.
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19 | (o) "Managerial employee" means an individual who is | ||||||
20 | engaged
predominantly in executive and management functions | ||||||
21 | and is charged with the
responsibility of directing the | ||||||
22 | effectuation of such management policies and
practices.
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23 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
24 | person, and his
or her apprentice or helper.
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25 | (q) "Short-term employee" is an employee who is employed | ||||||
26 | for less than
2 consecutive calendar quarters during a calendar | ||||||
27 | year and who does not
have a reasonable expectation that he or | ||||||
28 | she will be rehired by the same
employer for the same service | ||||||
29 | in a subsequent calendar year. Nothing in
this subsection shall | ||||||
30 | affect the employee status of individuals who were
covered by a | ||||||
31 | collective bargaining agreement on the effective date of this
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32 | amendatory Act of 1991.
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33 | (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03; | ||||||
34 | 93-314, eff. 1-1-04;
93-501, eff. 8-11-03; 93-1044, eff. | ||||||
35 | 10-14-04; revised 10-25-04.)
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1 | Section 90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.29 as
follows:
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3 | (30 ILCS 805/8.29 new)
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4 | Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this
Act, no reimbursement by the State is required for the | ||||||
6 | implementation of
any mandate created by this amendatory Act of | ||||||
7 | the 94th General Assembly.
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