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


Rep. William Davis

Filed: 3/16/2021





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2    AMENDMENT NO. ______. Amend House Bill 3496 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Educational Labor Relations Act
5is 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
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



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1subcontractor of instructional services of a school district
2(other than a school district organized under Article 34 of
3the School Code), combination of school districts, charter
4school established under Article 27A of the School Code, or
5contract school or contract turnaround school established
6under paragraph 30 of Section 34-18 of the School Code, an
7Independent Authority created under Section 2-3.25f-5 of the
8School Code, and any State agency whose major function is
9providing educational services. "Educational employer" or
10"employer" does not include (1) a Financial Oversight Panel
11created pursuant to Section 1A-8 of the School Code due to a
12district violating a financial plan or (2) an approved
13nonpublic special education facility that contracts with a
14school district or combination of school districts to provide
15special education services pursuant to Section 14-7.02 of the
16School Code, but does include a School Finance Authority
17created under Article 1E or 1F of the School Code and a
18Financial Oversight Panel created under Article 1B or 1H of
19the School Code. The change made by this amendatory Act of the
2096th General Assembly to this paragraph (a) to make clear that
21the governing body of a charter school is an "educational
22employer" is declaratory of existing law.
23    (b) "Educational employee" or "employee" means any
24individual, excluding supervisors, managerial, confidential,
25short term employees, student, and part-time academic
26employees of community colleges employed full or part time by



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1an educational employer, but shall not include elected
2officials and appointees of the Governor with the advice and
3consent of the Senate, firefighters as defined by subsection
4(g-1) of Section 3 of the Illinois Public Labor Relations Act,
5and peace officers employed by a State university. However,
6with respect to an educational employer of a school district
7organized under Article 34 of the School Code, a supervisor
8shall be considered an educational employee under this
9definition unless the supervisor is also a managerial
10employee. For the purposes of this Act, part-time academic
11employees of community colleges shall be defined as those
12employees who provide less than 3 credit hours of instruction
13per academic semester. In this subsection (b), the term
14"student" does not include graduate students who are research
15assistants primarily performing duties that involve research,
16graduate assistants primarily performing duties that are
17pre-professional, graduate students who are teaching
18assistants primarily performing duties that involve the
19delivery and support of instruction, or any other graduate
21    (c) "Employee organization" or "labor organization" means
22an organization of any kind in which membership includes
23educational employees, and which exists for the purpose, in
24whole or in part, of dealing with employers concerning
25grievances, employee-employer disputes, wages, rates of pay,
26hours of employment, or conditions of work, but shall not



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1include any organization which practices discrimination in
2membership because of race, color, creed, age, gender,
3national origin or political affiliation.
4    (d) "Exclusive representative" means the labor
5organization which has been designated by the Illinois
6Educational Labor Relations Board as the representative of the
7majority of educational employees in an appropriate unit, or
8recognized by an educational employer prior to January 1, 1984
9as the exclusive representative of the employees in an
10appropriate unit or, after January 1, 1984, recognized by an
11employer upon evidence that the employee organization has been
12designated as the exclusive representative by a majority of
13the employees in an appropriate unit.
14    (e) "Board" means the Illinois Educational Labor Relations
16    (f) "Regional Superintendent" means the regional
17superintendent of schools provided for in Articles 3 and 3A of
18The School Code.
19    (g) "Supervisor" means any individual having authority in
20the interests of the employer to hire, transfer, suspend, lay
21off, recall, promote, discharge, reward or discipline other
22employees within the appropriate bargaining unit and adjust
23their grievances, or to effectively recommend such action if
24the exercise of such authority is not of a merely routine or
25clerical nature but requires the use of independent judgment.
26The term "supervisor" includes only those individuals who



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1devote a preponderance of their employment time to such
2exercising authority.
3    (h) "Unfair labor practice" or "unfair practice" means any
4practice prohibited by Section 14 of this Act.
5    (i) "Person" includes an individual, educational employee,
6educational employer, legal representative, or employee
8    (j) "Wages" means salaries or other forms of compensation
9for services rendered.
10    (k) "Professional employee" means, in the case of a public
11community college, State college or university, State agency
12whose major function is providing educational services, the
13Illinois School for the Deaf, and the Illinois School for the
14Visually Impaired, (1) any employee engaged in work (i)
15predominantly intellectual and varied in character as opposed
16to routine mental, manual, mechanical, or physical work; (ii)
17involving the consistent exercise of discretion and judgment
18in its performance; (iii) of such character that the output
19produced or the result accomplished cannot be standardized in
20relation to a given period of time; and (iv) requiring
21knowledge of an advanced type in a field of science or learning
22customarily acquired by a prolonged course of specialized
23intellectual instruction and study in an institution of higher
24learning or a hospital, as distinguished from a general
25academic education or from an apprenticeship or from training
26in the performance of routine mental, manual, or physical



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1processes; or (2) any employee, who (i) has completed the
2courses of specialized intellectual instruction and study
3described in clause (iv) of paragraph (1) of this subsection,
4and (ii) is performing related work under the supervision of a
5professional person to qualify himself or herself to become a
6professional as defined in paragraph (l).
7    (l) "Professional employee" means, in the case of any
8public school district, or combination of school districts
9pursuant to joint agreement, any employee who has a
10certificate issued under Article 21 or Section 34-83 of the
11School Code, as now or hereafter amended.
12    (m) "Unit" or "bargaining unit" means any group of
13employees for which an exclusive representative is selected.
14    (n) "Confidential employee" means an employee, who (i) in
15the regular course of his or her duties, assists and acts in a
16confidential capacity to persons who formulate, determine and
17effectuate management policies with regard to labor relations
18or who (ii) in the regular course of his or her duties has
19access to information relating to the effectuation or review
20of the employer's collective bargaining policies.
21    (o) "Managerial employee" means, with respect to an
22educational employer other than an educational employer of a
23school district organized under Article 34 of the School Code,
24an individual who is engaged predominantly in executive and
25management functions and is charged with the responsibility of
26directing the effectuation of such management policies and



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1practices or, with respect to an educational employer of a
2school district organized under Article 34 of the School Code,
3an individual who has a significant role in the negotiation of
4collective bargaining agreements or who formulates and
5determines employer-wide management policies and practices.
6"Managerial employee" includes a general superintendent of
7schools provided for under Section 34-6 of the School Code.
8    (p) "Craft employee" means a skilled journeyman, craft
9person, and his or her apprentice or helper.
10    (q) "Short-term employee" is an employee who is employed
11for less than 2 consecutive calendar quarters during a
12calendar year and who does not have a reasonable expectation
13that he or she will be rehired by the same employer for the
14same service in a subsequent calendar year. Nothing in this
15subsection shall affect the employee status of individuals who
16were covered by a collective bargaining agreement on the
17effective date of this amendatory Act of 1991.
18    The changes made to this Section by this amendatory Act of
19the 102nd General Assembly may not be construed to void or
20change the powers and duties given to local school councils
21under Section 34-2.3 of the School Code.
22(Source: P.A. 101-380, eff. 1-1-20.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".