Public Act 93-0314

HB1457 Enrolled                      LRB093 06086 NHT 06189 b

    AN ACT in relation to educational labor relations.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Illinois Educational Labor Relations Act
is amended by changing Section 2 as follows:

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

    Section 90.  The State Mandates Act is amended by  adding
Section 8.27 as follows:

    (30 ILCS 805/8.27 new)
    Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is  required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 93rd General Assembly.