Illinois General Assembly - Full Text of HB3496
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Full Text of HB3496  102nd General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Educational Labor Relations Act is
5amended 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
9governing body of a public school district, including the
10governing body of a charter school established under Article
1127A of the School Code or of a contract school or contract
12turnaround school established under paragraph 30 of Section
1334-18 of the School Code, combination of public school
14districts, including the governing body of joint agreements of
15any type formed by 2 or more school districts, public
16community college district or State college or university, a
17subcontractor of instructional services of a school district
18(other than a school district organized under Article 34 of
19the School Code), combination of school districts, charter
20school established under Article 27A of the School Code, or
21contract school or contract turnaround school established
22under paragraph 30 of Section 34-18 of the School Code, an
23Independent Authority created under Section 2-3.25f-5 of the



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1School Code, and any State agency whose major function is
2providing educational services. "Educational employer" or
3"employer" does not include (1) a Financial Oversight Panel
4created pursuant to Section 1A-8 of the School Code due to a
5district violating a financial plan or (2) an approved
6nonpublic special education facility that contracts with a
7school district or combination of school districts to provide
8special education services pursuant to Section 14-7.02 of the
9School Code, but does include a School Finance Authority
10created under Article 1E or 1F of the School Code and a
11Financial Oversight Panel created under Article 1B or 1H of
12the School Code. The change made by this amendatory Act of the
1396th General Assembly to this paragraph (a) to make clear that
14the governing body of a charter school is an "educational
15employer" is declaratory of existing law.
16    (b) "Educational employee" or "employee" means any
17individual, excluding supervisors, managerial, confidential,
18short term employees, student, and part-time academic
19employees of community colleges employed full or part time by
20an educational employer, but shall not include elected
21officials and appointees of the Governor with the advice and
22consent of the Senate, firefighters as defined by subsection
23(g-1) of Section 3 of the Illinois Public Labor Relations Act,
24and peace officers employed by a State university. However,
25with respect to an educational employer of a school district
26organized under Article 34 of the School Code, a supervisor



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1shall be considered an educational employee under this
2definition unless the supervisor is also a managerial
3employee. For the purposes of this Act, part-time academic
4employees of community colleges shall be defined as those
5employees who provide less than 3 credit hours of instruction
6per academic semester. In this subsection (b), the term
7"student" does not include graduate students who are research
8assistants primarily performing duties that involve research,
9graduate assistants primarily performing duties that are
10pre-professional, graduate students who are teaching
11assistants primarily performing duties that involve the
12delivery and support of instruction, or any other graduate
14    (c) "Employee organization" or "labor organization" means
15an organization of any kind in which membership includes
16educational employees, and which exists for the purpose, in
17whole or in part, of dealing with employers concerning
18grievances, employee-employer disputes, wages, rates of pay,
19hours of employment, or conditions of work, but shall not
20include any organization which practices discrimination in
21membership because of race, color, creed, age, gender,
22national origin or political affiliation.
23    (d) "Exclusive representative" means the labor
24organization which has been designated by the Illinois
25Educational Labor Relations Board as the representative of the
26majority of educational employees in an appropriate unit, or



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1recognized by an educational employer prior to January 1, 1984
2as the exclusive representative of the employees in an
3appropriate unit or, after January 1, 1984, recognized by an
4employer upon evidence that the employee organization has been
5designated as the exclusive representative by a majority of
6the employees in an appropriate unit.
7    (e) "Board" means the Illinois Educational Labor Relations
9    (f) "Regional Superintendent" means the regional
10superintendent of schools provided for in Articles 3 and 3A of
11The School Code.
12    (g) "Supervisor" means any individual having authority in
13the interests of the employer to hire, transfer, suspend, lay
14off, recall, promote, discharge, reward or discipline other
15employees within the appropriate bargaining unit and adjust
16their grievances, or to effectively recommend such action if
17the exercise of such authority is not of a merely routine or
18clerical nature but requires the use of independent judgment.
19The term "supervisor" includes only those individuals who
20devote a preponderance of their employment time to such
21exercising authority.
22    (h) "Unfair labor practice" or "unfair practice" means any
23practice prohibited by Section 14 of this Act.
24    (i) "Person" includes an individual, educational employee,
25educational employer, legal representative, or employee



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1    (j) "Wages" means salaries or other forms of compensation
2for services rendered.
3    (k) "Professional employee" means, in the case of a public
4community college, State college or university, State agency
5whose major function is providing educational services, the
6Illinois School for the Deaf, and the Illinois School for the
7Visually Impaired, (1) any employee engaged in work (i)
8predominantly intellectual and varied in character as opposed
9to routine mental, manual, mechanical, or physical work; (ii)
10involving the consistent exercise of discretion and judgment
11in its performance; (iii) of such character that the output
12produced or the result accomplished cannot be standardized in
13relation to a given period of time; and (iv) requiring
14knowledge of an advanced type in a field of science or learning
15customarily acquired by a prolonged course of specialized
16intellectual instruction and study in an institution of higher
17learning or a hospital, as distinguished from a general
18academic education or from an apprenticeship or from training
19in the performance of routine mental, manual, or physical
20processes; or (2) any employee, who (i) has completed the
21courses of specialized intellectual instruction and study
22described in clause (iv) of paragraph (1) of this subsection,
23and (ii) is performing related work under the supervision of a
24professional person to qualify himself or herself to become a
25professional as defined in paragraph (l).
26    (l) "Professional employee" means, in the case of any



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1public school district, or combination of school districts
2pursuant to joint agreement, any employee who has a
3certificate issued under Article 21 or Section 34-83 of the
4School Code, as now or hereafter amended.
5    (m) "Unit" or "bargaining unit" means any group of
6employees for which an exclusive representative is selected.
7    (n) "Confidential employee" means an employee, who (i) in
8the regular course of his or her duties, assists and acts in a
9confidential capacity to persons who formulate, determine and
10effectuate management policies with regard to labor relations
11or who (ii) in the regular course of his or her duties has
12access to information relating to the effectuation or review
13of the employer's collective bargaining policies.
14    (o) "Managerial employee" means, with respect to an
15educational employer other than an educational employer of a
16school district organized under Article 34 of the School Code,
17an individual who is engaged predominantly in executive and
18management functions and is charged with the responsibility of
19directing the effectuation of such management policies and
20practices or, with respect to an educational employer of a
21school district organized under Article 34 of the School Code,
22an individual who has a significant role in the negotiation of
23collective bargaining agreements or who formulates and
24determines employer-wide management policies and practices.
25"Managerial employee" includes a general superintendent of
26schools provided for under Section 34-6 of the School Code.



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1    (p) "Craft employee" means a skilled journeyman, craft
2person, and his or her apprentice or helper.
3    (q) "Short-term employee" is an employee who is employed
4for less than 2 consecutive calendar quarters during a
5calendar year and who does not have a reasonable expectation
6that he or she will be rehired by the same employer for the
7same service in a subsequent calendar year. Nothing in this
8subsection shall affect the employee status of individuals who
9were covered by a collective bargaining agreement on the
10effective date of this amendatory Act of 1991.
11    The changes made to this Section by this amendatory Act of
12the 102nd General Assembly may not be construed to void or
13change the powers and duties given to local school councils
14under Section 34-2.3 of the School Code.
15(Source: P.A. 101-380, eff. 1-1-20.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.