Full Text of SB3570 96th General Assembly
SB3570eng 96TH GENERAL ASSEMBLY
|
|
|
SB3570 Engrossed |
|
LRB096 20571 MJR 36262 b |
|
| 1 |
| AN ACT concerning education.
| 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 is | 5 |
| 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, including the | 10 |
| governing body of a charter school established under Article | 11 |
| 27A of the School Code or of a contract school or contract | 12 |
| turnaround school established under paragraph 30 of Section | 13 |
| 34-18 of the School Code, combination
of public school | 14 |
| districts, including the governing body of joint agreements
of | 15 |
| any type formed by 2 or more school districts, public community | 16 |
| college
district or State college or university, a | 17 |
| subcontractor of instructional services of a school district | 18 |
| (other than a school district organized under Article 34 of the | 19 |
| School Code), combination of school districts, charter school | 20 |
| established under Article 27A of the School Code, or contract | 21 |
| school or contract turnaround school established under | 22 |
| paragraph 30 of Section 34-18 of the School Code, and any State | 23 |
| agency whose major
function is providing educational services.
|
|
|
|
SB3570 Engrossed |
- 2 - |
LRB096 20571 MJR 36262 b |
|
| 1 |
| "Educational employer" or "employer" does not include (1) a | 2 |
| Financial Oversight
Panel created pursuant to Section 1A-8 of | 3 |
| the School Code due to a
district
violating a financial plan or | 4 |
| (2) an approved nonpublic special education facility that | 5 |
| contracts with a school district or combination of school | 6 |
| districts to provide special education services pursuant to | 7 |
| Section 14-7.02 of the School Code, but does include a School | 8 |
| Finance Authority
created
under Article 1E or 1F of the School | 9 |
| Code. The change made by this amendatory Act of the 96th | 10 |
| General Assembly to this paragraph (a) to make clear that the | 11 |
| governing body of a charter school is an "educational employer" | 12 |
| is declaratory of existing law.
| 13 |
| (b) "Educational employee" or "employee" means any | 14 |
| individual, excluding
supervisors, managerial, confidential, | 15 |
| short term employees, student, and
part-time academic | 16 |
| employees of community colleges employed full or part
time by | 17 |
| an educational employer, but shall not include elected | 18 |
| officials
and appointees of the Governor with the advice and | 19 |
| consent of the Senate,
firefighters as defined by subsection | 20 |
| (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 21 |
| and peace officers employed by a State
university. For the | 22 |
| purposes of this Act, part-time
academic employees of community | 23 |
| colleges shall be defined as those
employees who provide less | 24 |
| than 3 credit hours of instruction per
academic
semester. In | 25 |
| this subsection (b), the term "student"
includes graduate | 26 |
| students who are research assistants primarily
performing |
|
|
|
SB3570 Engrossed |
- 3 - |
LRB096 20571 MJR 36262 b |
|
| 1 |
| duties that involve research or graduate assistants primarily
| 2 |
| 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.
| 6 |
| (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,
| 11 |
| 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.
| 15 |
| (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.
| 25 |
| (e) "Board" means the Illinois Educational Labor Relations | 26 |
| Board.
|
|
|
|
SB3570 Engrossed |
- 4 - |
LRB096 20571 MJR 36262 b |
|
| 1 |
| (f) "Regional Superintendent" means the regional | 2 |
| superintendent of
schools provided for in Articles 3 and 3A of | 3 |
| The School Code.
| 4 |
| (g) "Supervisor" means any individual having authority in | 5 |
| the interests
of the employer to hire, transfer, suspend, lay | 6 |
| off, recall, promote,
discharge, reward or discipline other | 7 |
| employees within the appropriate
bargaining unit and adjust | 8 |
| their grievances, or to effectively recommend
such action if | 9 |
| the exercise of such authority is not of a merely routine or
| 10 |
| clerical nature but requires the use of independent judgment. | 11 |
| The term
"supervisor" includes only those individuals who | 12 |
| devote a preponderance of
their employment time to such | 13 |
| exercising authority.
| 14 |
| (h) "Unfair labor practice" or "unfair practice" means any | 15 |
| practice
prohibited by Section 14 of this Act.
| 16 |
| (i) "Person" includes an individual, educational employee, | 17 |
| educational
employer, legal representative, or employee | 18 |
| organization.
| 19 |
| (j) "Wages" means salaries or other forms of compensation | 20 |
| for services
rendered.
| 21 |
| (k) "Professional employee" means, in the case of a public | 22 |
| community
college, State college or university, State agency | 23 |
| whose major function is
providing educational services, the | 24 |
| Illinois School for the Deaf, and the
Illinois School for the | 25 |
| Visually Impaired, (1) any employee engaged in work
(i) | 26 |
| predominantly intellectual and varied in character as opposed |
|
|
|
SB3570 Engrossed |
- 5 - |
LRB096 20571 MJR 36262 b |
|
| 1 |
| to
routine mental, manual, mechanical, or physical work; (ii) | 2 |
| involving the
consistent exercise of discretion and judgment in | 3 |
| its performance; (iii) of
such character that the output | 4 |
| produced or the result accomplished cannot
be standardized in | 5 |
| relation to a given period of time; and (iv) requiring
| 6 |
| knowledge of an advanced type in a field of science or learning | 7 |
| customarily
acquired by a prolonged course of specialized | 8 |
| intellectual instruction and
study in an institution of higher | 9 |
| learning or a hospital, as distinguished
from a general | 10 |
| academic education or from an apprenticeship or from training
| 11 |
| in the performance of routine mental, manual, or physical | 12 |
| processes; or
(2) any employee, who (i) has completed the | 13 |
| courses of specialized
intellectual instruction and study | 14 |
| described in clause (iv) of paragraph
(1) of this subsection, | 15 |
| and (ii) is performing related work under the
supervision of a | 16 |
| professional person to qualify himself or herself to
become a | 17 |
| professional as defined in paragraph (l).
| 18 |
| (l) "Professional employee" means, in the case of any | 19 |
| public school
district, or combination of school districts | 20 |
| pursuant to joint agreement,
any employee who has a certificate | 21 |
| issued under Article 21 or Section 34-83
of the School Code, as | 22 |
| now or hereafter amended.
| 23 |
| (m) "Unit" or "bargaining unit" means any group of | 24 |
| employees for which
an exclusive representative is selected.
| 25 |
| (n) "Confidential employee" means an employee, who (i) in | 26 |
| the regular
course of his or her duties, assists and acts in a |
|
|
|
SB3570 Engrossed |
- 6 - |
LRB096 20571 MJR 36262 b |
|
| 1 |
| confidential capacity to
persons who formulate, determine and | 2 |
| effectuate management policies with
regard to labor relations | 3 |
| or who (ii) in the regular course of his or her
duties has | 4 |
| access to information relating to the effectuation or review of
| 5 |
| the employer's collective bargaining policies.
| 6 |
| (o) "Managerial employee" means an individual who is | 7 |
| engaged
predominantly in executive and management functions | 8 |
| and is charged with the
responsibility of directing the | 9 |
| effectuation of such management policies and
practices.
| 10 |
| (p) "Craft employee" means a skilled journeyman, craft | 11 |
| person, and his
or her apprentice or helper.
| 12 |
| (q) "Short-term employee" is an employee who is employed | 13 |
| for less than
2 consecutive calendar quarters during a calendar | 14 |
| year and who does not
have a reasonable expectation that he or | 15 |
| she will be rehired by the same
employer for the same service | 16 |
| in a subsequent calendar year. Nothing in
this subsection shall | 17 |
| affect the employee status of individuals who were
covered by a | 18 |
| collective bargaining agreement on the effective date of this
| 19 |
| amendatory Act of 1991.
| 20 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-104, eff. 1-1-10.)
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
|
|