Full Text of SB1070 93rd General Assembly
SB1070enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to educational labor relations.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by
changing
Section 2 as follows:
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| (115 ILCS 5/2) (from Ch. 48, par. 1702)
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| Sec. 2. Definitions. As used in this Act:
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| (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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| violating a financial plan but does include a School Finance | 18 |
| Authority
created
under Article 1E of the School Code.
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| (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. For the | 28 |
| purposes of this Act, part-time
academic employees of community | 29 |
| colleges shall be defined as those
employees who provide less | 30 |
| than 6 credit hours of instruction per academic
semester.
In | 31 |
| this subsection (b), the term "student"
includes graduate | 32 |
| students who are research assistants primarily
performing |
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| duties that involve research or graduate assistants primarily
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| performing duties that are pre-professional, but excludes | 3 |
| graduate
students who are teaching assistants primarily | 4 |
| performing duties that
involve the delivery and support of | 5 |
| instruction and all other graduate
assistants.
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| (c) "Employee organization" or "labor organization" means | 7 |
| an organization
of any kind in which membership includes | 8 |
| educational employees, and which
exists for the purpose, in | 9 |
| whole or in part, of dealing with employers
concerning | 10 |
| grievances, employee-employer disputes, wages, rates of pay,
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| hours of employment, or conditions of work, but shall not | 12 |
| include any
organization which practices discrimination in | 13 |
| membership because of race,
color, creed, age, gender, national | 14 |
| origin or political affiliation.
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| (d) "Exclusive representative" means the labor | 16 |
| organization which has
been designated by the Illinois | 17 |
| Educational Labor Relations Board as the
representative of the | 18 |
| majority of educational employees in an appropriate
unit, or | 19 |
| recognized by an educational employer prior to January 1, 1984 | 20 |
| as
the exclusive representative of the employees in an | 21 |
| appropriate unit or,
after January 1, 1984, recognized by an | 22 |
| employer upon evidence that the
employee organization has been | 23 |
| designated as the exclusive representative
by a majority of the | 24 |
| employees in an appropriate unit.
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| (e) "Board" means the Illinois Educational Labor Relations | 26 |
| Board.
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| (f) "Regional Superintendent" means the regional | 28 |
| superintendent of
schools provided for in Articles 3 and 3A of | 29 |
| The School Code.
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| (g) "Supervisor" means any individual having authority in | 31 |
| the interests
of the employer to hire, transfer, suspend, lay | 32 |
| off, recall, promote,
discharge, reward or discipline other | 33 |
| employees within the appropriate
bargaining unit and adjust | 34 |
| their grievances, or to effectively recommend
such action if | 35 |
| the exercise of such authority is not of a merely routine or
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| clerical nature but requires the use of independent judgment. |
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| The term
"supervisor" includes only those individuals who | 2 |
| devote a preponderance of
their employment time to such | 3 |
| exercising authority.
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| (h) "Unfair labor practice" or "unfair practice" means any | 5 |
| practice
prohibited by Section 14 of this Act.
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| (i) "Person" includes an individual, educational employee, | 7 |
| educational
employer, legal representative, or employee | 8 |
| organization.
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| (j) "Wages" means salaries or other forms of compensation | 10 |
| for services
rendered.
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| (k) "Professional employee" means, in the case of a public | 12 |
| community
college, State college or university, State agency | 13 |
| whose major function is
providing educational services, the | 14 |
| Illinois School for the Deaf, and the
Illinois School for the | 15 |
| Visually Impaired, (1) any employee engaged in work
(i) | 16 |
| predominantly intellectual and varied in character as opposed | 17 |
| to
routine mental, manual, mechanical, or physical work; (ii) | 18 |
| involving the
consistent exercise of discretion and judgment in | 19 |
| its performance; (iii) of
such character that the output | 20 |
| produced or the result accomplished cannot
be standardized in | 21 |
| relation to a given period of time; and (iv) requiring
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| knowledge of an advanced type in a field of science or learning | 23 |
| customarily
acquired by a prolonged course of specialized | 24 |
| intellectual instruction and
study in an institution of higher | 25 |
| learning or a hospital, as distinguished
from a general | 26 |
| academic education or from an apprenticeship or from training
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| in the performance of routine mental, manual, or physical | 28 |
| processes; or
(2) any employee, who (i) has completed the | 29 |
| courses of specialized
intellectual instruction and study | 30 |
| described in clause (iv) of paragraph
(1) of this subsection, | 31 |
| and (ii) is performing related work under the
supervision of a | 32 |
| professional person to qualify himself or herself to
become a | 33 |
| professional as defined in paragraph (l).
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| (l) "Professional employee" means, in the case of any | 35 |
| public school
district, or combination of school districts | 36 |
| pursuant to joint agreement,
any employee who has a certificate |
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| issued under Article 21 or Section 34-83
of the School Code, as | 2 |
| now or hereafter amended.
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| (m) "Unit" or "bargaining unit" means any group of | 4 |
| employees for which
an exclusive representative is selected.
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| (n) "Confidential employee" means an employee, who (i) in | 6 |
| the regular
course of his or her duties, assists and acts in a | 7 |
| confidential capacity to
persons who formulate, determine and | 8 |
| effectuate management policies with
regard to labor relations | 9 |
| or who (ii) in the regular course of his or her
duties has | 10 |
| access to information relating to the effectuation or review of
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| the employer's collective bargaining policies.
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| (o) "Managerial employee" means an individual who is | 13 |
| engaged
predominantly in executive and management functions | 14 |
| and is charged with the
responsibility of directing the | 15 |
| effectuation of such management policies and
practices.
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| (p) "Craft employee" means a skilled journeyman, craft | 17 |
| person, and his
or her apprentice or helper.
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| (q) "Short-term employee" is an employee who is employed | 19 |
| for less than
2 consecutive calendar quarters during a calendar | 20 |
| year and who does not
have a reasonable expectation that he or | 21 |
| she will be rehired by the same
employer for the same service | 22 |
| in a subsequent calendar year. Nothing in
this subsection shall | 23 |
| affect the employee status of individuals who were
covered by a | 24 |
| collective bargaining agreement on the effective date of this
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| amendatory Act of 1991.
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| (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03; | 27 |
| revised 8-26-02.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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