Full Text of HB5107 102nd General Assembly
HB5107enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | (105 ILCS 5/34-8.1b rep.)
| 5 | | Section 5. The School Code is amended by repealing Section | 6 | | 34-8.1b. | 7 | | Section 10. The Illinois Educational Labor Relations Act | 8 | | is amended by changing Sections 2 and 13 as follows:
| 9 | | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| 10 | | Sec. 2. Definitions. As used in this Act:
| 11 | | (a) "Educational employer"
or "employer" means the | 12 | | governing body of a public school district, including the | 13 | | governing body of a charter school established under Article | 14 | | 27A of the School Code or of a contract school or contract | 15 | | turnaround school established under paragraph 30 of Section | 16 | | 34-18 of the School Code, combination
of public school | 17 | | districts, including the governing body of joint agreements
of | 18 | | any type formed by 2 or more school districts, public | 19 | | community college
district or State college or university, a | 20 | | subcontractor of instructional services of a school district | 21 | | (other than a school district organized under Article 34 of | 22 | | the School Code), combination of school districts, charter |
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| 1 | | school established under Article 27A of the School Code, or | 2 | | contract school or contract turnaround school established | 3 | | under paragraph 30 of Section 34-18 of the School Code, an | 4 | | Independent Authority created under Section 2-3.25f-5 of the | 5 | | School Code, and any State agency whose major
function is | 6 | | providing educational services.
"Educational employer" or | 7 | | "employer" does not include (1) a Financial Oversight
Panel | 8 | | created pursuant to Section 1A-8 of the School Code due to a
| 9 | | district
violating a financial plan or (2) an approved | 10 | | nonpublic special education facility that contracts with a | 11 | | school district or combination of school districts to provide | 12 | | special education services pursuant to Section 14-7.02 of the | 13 | | School Code, but does include a School Finance Authority
| 14 | | created
under Article 1E or 1F of the School Code and a | 15 | | Financial Oversight Panel created under Article 1B or 1H of | 16 | | the School Code. The change made by this amendatory Act of the | 17 | | 96th General Assembly to this paragraph (a) to make clear that | 18 | | the governing body of a charter school is an "educational | 19 | | employer" is declaratory of existing law.
| 20 | | (b) "Educational employee" or "employee" means any | 21 | | individual, excluding
supervisors, managerial, confidential, | 22 | | short term employees, student, and
part-time academic | 23 | | employees of community colleges employed full or part
time by | 24 | | an educational employer, but shall not include elected | 25 | | officials
and appointees of the Governor with the advice and | 26 | | consent of the Senate,
firefighters as defined by subsection |
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| 1 | | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 2 | | and peace officers employed by a State
university. However, | 3 | | with respect to an educational employer of a school district | 4 | | organized under Article 34 of the School Code, a supervisor | 5 | | shall be considered an educational employee under this | 6 | | definition unless the supervisor is also a managerial | 7 | | employee. For the purposes of this Act, part-time
academic | 8 | | employees of community colleges shall be defined as those
| 9 | | employees who provide less than 3 credit hours of instruction | 10 | | per
academic
semester. In this subsection (b), the term | 11 | | "student" does not include
graduate students who are research | 12 | | assistants primarily
performing duties that involve research, | 13 | | graduate assistants primarily
performing duties that are | 14 | | pre-professional, graduate
students who are teaching | 15 | | assistants primarily performing duties that
involve the | 16 | | delivery and support of instruction, or any other graduate
| 17 | | assistants.
| 18 | | (c) "Employee organization" or "labor organization" means | 19 | | an organization
of any kind in which membership includes | 20 | | educational employees, and which
exists for the purpose, in | 21 | | whole or in part, of dealing with employers
concerning | 22 | | grievances, employee-employer disputes, wages, rates of pay,
| 23 | | hours of employment, or conditions of work, but shall not | 24 | | include any
organization which practices discrimination in | 25 | | membership because of race,
color, creed, age, gender, | 26 | | national origin or political affiliation.
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| 1 | | (d) "Exclusive representative" means the labor | 2 | | organization which has
been designated by the Illinois | 3 | | Educational Labor Relations Board as the
representative of the | 4 | | majority of educational employees in an appropriate
unit, or | 5 | | recognized by an educational employer prior to January 1, 1984 | 6 | | as
the exclusive representative of the employees in an | 7 | | appropriate unit or,
after January 1, 1984, recognized by an | 8 | | employer upon evidence that the
employee organization has been | 9 | | designated as the exclusive representative
by a majority of | 10 | | the employees in an appropriate unit.
| 11 | | (e) "Board" means the Illinois Educational Labor Relations | 12 | | Board.
| 13 | | (f) "Regional Superintendent" means the regional | 14 | | superintendent of
schools provided for in Articles 3 and 3A of | 15 | | The School Code.
| 16 | | (g) "Supervisor" means any individual having authority in | 17 | | the interests
of the employer to hire, transfer, suspend, lay | 18 | | off, recall, promote,
discharge, reward or discipline other | 19 | | employees within the appropriate
bargaining unit and adjust | 20 | | their grievances, or to effectively recommend
such action if | 21 | | the exercise of such authority is not of a merely routine or
| 22 | | clerical nature but requires the use of independent judgment. | 23 | | The term
"supervisor" includes only those individuals who | 24 | | devote a preponderance of
their employment time to such | 25 | | exercising authority.
| 26 | | (h) "Unfair labor practice" or "unfair practice" means any |
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| 1 | | practice
prohibited by Section 14 of this Act.
| 2 | | (i) "Person" includes an individual, educational employee, | 3 | | educational
employer, legal representative, or employee | 4 | | organization.
| 5 | | (j) "Wages" means salaries or other forms of compensation | 6 | | for services
rendered.
| 7 | | (k) "Professional employee" means, in the case of a public | 8 | | community
college, State college or university, State agency | 9 | | whose major function is
providing educational services, the | 10 | | Illinois School for the Deaf, and the
Illinois School for the | 11 | | Visually Impaired, (1) any employee engaged in work
(i) | 12 | | predominantly intellectual and varied in character as opposed | 13 | | to
routine mental, manual, mechanical, or physical work; (ii) | 14 | | involving the
consistent exercise of discretion and judgment | 15 | | in its performance; (iii) of
such character that the output | 16 | | produced or the result accomplished cannot
be standardized in | 17 | | relation to a given period of time; and (iv) requiring
| 18 | | knowledge of an advanced type in a field of science or learning | 19 | | customarily
acquired by a prolonged course of specialized | 20 | | intellectual instruction and
study in an institution of higher | 21 | | learning or a hospital, as distinguished
from a general | 22 | | academic education or from an apprenticeship or from training
| 23 | | in the performance of routine mental, manual, or physical | 24 | | processes; or
(2) any employee, who (i) has completed the | 25 | | courses of specialized
intellectual instruction and study | 26 | | described in clause (iv) of paragraph
(1) of this subsection, |
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| 1 | | and (ii) is performing related work under the
supervision of a | 2 | | professional person to qualify himself or herself to
become a | 3 | | professional as defined in paragraph (l).
| 4 | | (l) "Professional employee" means, in the case of any | 5 | | public school
district, or combination of school districts | 6 | | pursuant to joint agreement,
any employee who has a | 7 | | certificate issued under Article 21 or Section 34-83
of the | 8 | | School Code, as now or hereafter amended.
| 9 | | (m) "Unit" or "bargaining unit" means any group of | 10 | | employees for which
an exclusive representative is selected.
| 11 | | (n) "Confidential employee" means an employee, who (i) in | 12 | | the regular
course of his or her duties, assists and acts in a | 13 | | confidential capacity to
persons who formulate, determine and | 14 | | effectuate management policies with
regard to labor relations | 15 | | or who (ii) in the regular course of his or her
duties has | 16 | | access to information relating to the effectuation or review | 17 | | of
the employer's collective bargaining policies.
| 18 | | (o) "Managerial employee" means , with respect to an | 19 | | educational employer other than an educational employer of a | 20 | | school district organized under Article 34 of the School Code, | 21 | | an individual who is engaged
predominantly in executive and | 22 | | management functions and is charged with the
responsibility of | 23 | | directing the effectuation of such management policies and
| 24 | | practices or, with respect to an educational employer of a | 25 | | school district organized under Article 34 of the School Code, | 26 | | an individual who has a significant role in the negotiation of |
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| 1 | | collective bargaining agreements or who formulates and | 2 | | determines employer-wide management policies and practices. | 3 | | "Managerial employee" includes a general superintendent of | 4 | | schools provided for under Section 34-6 of the School Code .
| 5 | | (p) "Craft employee" means a skilled journeyman, craft | 6 | | person, and his
or her apprentice or helper.
| 7 | | (q) "Short-term employee" is an employee who is employed | 8 | | for less than
2 consecutive calendar quarters during a | 9 | | calendar year and who does not
have a reasonable expectation | 10 | | that he or she will be rehired by the same
employer for the | 11 | | same service in a subsequent calendar year. Nothing in
this | 12 | | subsection shall affect the employee status of individuals who | 13 | | were
covered by a collective bargaining agreement on the | 14 | | effective date of this
amendatory Act of 1991.
| 15 | | The changes made to this Section by this amendatory Act of | 16 | | the 102nd General Assembly may not be construed to void or | 17 | | change the powers and duties given to local school councils | 18 | | under Section 34-2.3 of the School Code. | 19 | | (Source: P.A. 101-380, eff. 1-1-20 .)
| 20 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 21 | | Sec. 13. Strikes.
| 22 | | (a) Notwithstanding the existence of any other
provision | 23 | | in this Act or other law, educational employees employed in | 24 | | school
districts organized under Article 34 of the School Code | 25 | | shall not engage in
a strike at any time during the 18 month |
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| 1 | | period that commences on the
effective date of this amendatory | 2 | | Act of 1995. An educational employee
employed in a school | 3 | | district organized
under Article 34 of the School Code who | 4 | | participates in a strike in violation
of this Section is | 5 | | subject to discipline by the employer. In addition, no
| 6 | | educational employer organized under Article 34 of the School | 7 | | Code may pay or
cause to be paid to an educational employee who
| 8 | | participates in a strike in violation of this subsection any | 9 | | wages or other
compensation for any period during
which an | 10 | | educational employee participates in the strike, except for | 11 | | wages or
compensation earned before participation in the | 12 | | strike.
Notwithstanding the existence of any other
provision | 13 | | in this Act or other law, during the 18-month period that | 14 | | strikes are
prohibited under this subsection nothing in this | 15 | | subsection shall be construed
to require an educational | 16 | | employer to submit to a binding dispute resolution
process.
| 17 | | (b) Notwithstanding the existence of any other provision | 18 | | in this Act or any
other law, educational employees other than | 19 | | those employed in a school district
organized under Article 34 | 20 | | of the School Code and, after the expiration of the
18 month | 21 | | period that commences on the effective date of this amendatory | 22 | | Act of
1995, educational employees in a school district | 23 | | organized under Article 34 of
the School Code other than | 24 | | educational supervisors as provided under subsection (c) shall | 25 | | not engage in a strike except under the following
conditions:
| 26 | | (1) they are represented by an exclusive bargaining
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| 1 | | representative;
| 2 | | (2) mediation has been used without success and, for | 3 | | educational employers and exclusive bargaining | 4 | | representatives to which subsection (a-5) of Section 12 of | 5 | | this Act applies, at least 14 days have elapsed after the | 6 | | Board has made public the parties' offers;
| 7 | | (2.5) if fact-finding was invoked pursuant to | 8 | | subsection (a-10) of Section 12 of this Act, at least 30 | 9 | | days have elapsed after a fact-finding report has been | 10 | | released for public information; | 11 | | (2.10) for educational employees employed in a school | 12 | | district organized under Article 34 of the School Code, at | 13 | | least three-fourths of all bargaining unit employees who | 14 | | are members of the exclusive bargaining representative | 15 | | have affirmatively voted to authorize the strike; | 16 | | provided, however, that all members of the exclusive | 17 | | bargaining representative at the time of a strike | 18 | | authorization vote shall be eligible to vote;
| 19 | | (3) at least 10 days have elapsed after a notice of | 20 | | intent
to strike has been given by the exclusive | 21 | | bargaining representative to the
educational employer, the | 22 | | regional superintendent and the Illinois Educational
Labor | 23 | | Relations Board;
| 24 | | (4) the collective bargaining agreement between the | 25 | | educational employer
and educational employees, if any, | 26 | | has expired or been terminated; and
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| 1 | | (5) the employer and the exclusive bargaining | 2 | | representative have not
mutually submitted the unresolved | 3 | | issues to arbitration.
| 4 | | If, however, in the opinion of an employer the strike is or | 5 | | has become a
clear and present danger to the health or safety | 6 | | of the public, the employer
may initiate
in the circuit court | 7 | | of the county in which such danger exists an action for
relief | 8 | | which may include, but is not limited to, injunction. The | 9 | | court may
grant appropriate relief upon the finding that such | 10 | | clear and present danger
exists.
An unfair practice or other | 11 | | evidence of lack of clean hands by the educational
employer is | 12 | | a defense to such action. Except as provided for in this
| 13 | | paragraph, the jurisdiction of the court under this Section is | 14 | | limited by the
Labor Dispute Act.
| 15 | | (c) Educational supervisors employed in a school district | 16 | | organized under Article 34 of the School Code whose position | 17 | | requires an administrative license may not engage in a strike. | 18 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 19 | | eff. 1-1-14.)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2023.
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