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
-2- LRB093 06083 NHT 15035 a
1 employees of community colleges employed full or part time by
2 an educational employer, but doesshall 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.
-3- LRB093 06083 NHT 15035 a
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
-4- LRB093 06083 NHT 15035 a
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
-5- LRB093 06083 NHT 15035 a
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.)".