PETITION FOR REVIEW OF AN ORDER OF THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD, GERALD E. BERENDT, CHAIRMAN, GENE FLYNN, MEMBER. NOS. 92-RS-0003-C, 92-RS-0009-C.
Presiding Justice Campbell delivered the opinion of the court: Buckley, J., and Braden, J., concur.
The opinion of the court was delivered by: Campbell
PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:
Community College District Number 509 ("Elgin Community College," "College" or "ECC") appeals a decision of respondent Illinois Educational Labor Relations Board ("IELRB" or "Board") in favor of respondent Elgin Community College Faculty Association, Local 1211, IFT/AFT, AFL-CIO ("Union"), regarding two consolidated petitions of self-determination seeking to include certain part-time faculty in their bargaining unit.
The record on appeal indicates the following facts. On September 20, 1991, the Union filed a self-determination petition with the Board in case number 92-RS-0003-C. The Union, which was the exclusive bargaining representative for a unit of full-time faculty at ECC, ultimately sought to add the following group of persons to the bargaining unit:
"regular part-time faculty who meet the College's hiring qualifications for part-time faculty, teach at least 12 credit hours in an academic year or 15 credit hours including summer (or the contact hour equivalent), and who work for at least the minimum number of credit or contact hours described herein for three years. Said group shall include part-time counsellors and librarians and said work shall include tutorials and other nontraditional work performed by part-time faculty."
On January 13, 1992, the administrative law judge ("ALJ") assigned to the matter issued a "Recommended Decision and Order" dismissing the petition on the ground that the part-time faculty at issue were "short-term employees" excluded by section 2(b) of the Illinois Educational Labor Relations Act ("IELRA" or "Act") (115 ILCS 5/2(b) (West 1992)). In reaching this decision, the ALJ also concluded that an amendment to the Act effective January 1, 1992, was not retroactively applicable to case number 92-RS-0003-C. The Act, as amended, includes section 2(q), which provides the following definition:
"'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 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." 115 ILCS 5/2(q) (West 1992).
Thus, on January 31, 1992, the Union filed another self-determination petition as case number 92-RS-0009-C. The group that the Union sought to add to the bargaining unit was identical to that described above in case number 92-RS-0003-C. On April 6, 1992, the ALJ held a hearing on the second petition.
On April 30, 1992, the Board vacated the "Recommended Decision and Order" and remanded case number 92-RS-0003-C in light of the Board's decision in Harper College, 8 PERI 1042, Case No. 92-RC-0008-C (IELRB Opinion and Order, April 3, 1992). The Board then consolidated case number 92-RS-0003-C with 92-RS-0009-C, which was then still pending. Elgin Community College District # 509, 8 PERI 1046, Case No. 92-RS-0009-C (IELRB Opinion and Order, April 30, 1992).
The record of the hearing in case number 92-RS-0003-C indicates the following facts. The parties stipulated that the Union was an employee organization and ECC was an educational employer as those terms are defined by the Act. ECC is a two-year community college with a main campus in Elgin, Illinois and satellite locations throughout District 509. The College employed 110 full-time faculty, who were represented by the Union. The College also employed 299 part-time faculty members. The College and the Union had a collective bargaining agreement covering calendar years 1991 and 1992. All of the prior faculty collective bargaining agreements between the College and the Union were limited to full-time faculty. There was no discussion of including part-time employees during the most recent contract negotiations. The full-time faculty voted 33-26 to attempt to organize part-time employees into the existing faculty unit. Fifteen full-time faculty sought, but failed to obtain, a second vote on the ground that the inclusion of part-time employees would create a conflict of interest. The Union's petition sought to add between 17 and 26 of the part-time employees to the bargaining unit.
Evidence was adduced regarding the similarities and differences between full-time and part-time employees at the College. Candidates for full-time faculty positions at ECC are extensively screened, including an interview by a committee partially comprised of full time faculty and a presentation of a sample lesson. Current part-time faculty applying for a full-time position go through this process and do not receive special consideration. Applicants for a part-time position are not extensively screened. Part-time hiring is generally based on the recommendation of a single full-time faculty member; such recommendations are typically approved by the dean of the College and sent to the Board of Trustees for action. Generally, all faculty must possess a graduate degree and experience teaching at a community college to teach at ECC. However, part-time employees may be hired with an undergraduate degree, if he or she has expertise in the field at issue.
The main function of both full-time and part-time faculty is teaching. The main functions of full-time and part-time counselors and librarians are providing counseling and library services. However, unlike part-time faculty, full-time faculty are responsible for maintaining a constant presence at the main campus and are required to keep office hours. Part-time faculty are encouraged to keep office hours, and some do so. However, part-time employees are not required to do so, and the keeping of office hours does not affect part-time faculty compensation.
Moreover, unlike part-time faculty, full-time faculty members have responsibilities other than the actual teaching of classes. For example, full-time faculty are expected to participate in committee work. One such committee, the Faculty Development Committee, which is comprised solely of full-time faculty, makes decisions and recommendations regarding spending on faculty development proposals. Although faculty development programs are sometimes ...