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92nd General Assembly

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Public Act 92-0748

HB1720 Enrolled                                LRB9201532NTsb

    AN ACT concerning 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.
    (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 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
assurance 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. 89-409, eff. 11-15-95; 89-572, eff. 7-30-96.)
    Passed in the General Assembly May 08, 2002.
    Approved August 02, 2002.
    Effective January 01, 2003.

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