Illinois Compiled Statutes
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115 ILCS 5/2
(115 ILCS 5/2)
(from Ch. 48, par. 1702)
As used in this Act:
(a) "Educational employer"
or "employer" means the governing body of a public school district, including the governing body of a charter school established under Article 27A of the School Code or of a contract school or contract turnaround school established under paragraph 30 of Section 34-18 of the School Code, 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, a subcontractor of instructional services of a school district (other than a school district organized under Article 34 of the School Code), combination of school districts, charter school established under Article 27A of the School Code, or contract school or contract turnaround school established under paragraph 30 of Section 34-18 of the School Code, an Independent Authority created under Section 2-3.25f-5 of the School Code, and any State agency whose major
function is providing educational services.
"Educational employer" or "employer" does not include (1) a Financial Oversight
Panel created pursuant to Section 1A-8 of the School Code due to a
violating a financial plan or (2) an approved nonpublic special education facility that contracts with a school district or combination of school districts to provide special education services pursuant to Section 14-7.02 of the School Code, but does include a School Finance Authority
under Article 1E or 1F of the School Code and a Financial Oversight Panel created under Article 1B or 1H of the School Code. The change made by this amendatory Act of the 96th General Assembly to this paragraph (a) to make clear that the governing body of a charter school is an "educational employer" is declaratory of existing law.
(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 3 credit hours of instruction per
semester. In this subsection (b), the term "student"
includes graduate students who are research assistants primarily
performing duties that involve research or graduate assistants primarily
performing duties that are pre-professional, but excludes graduate
students who are teaching assistants primarily performing duties that
involve the delivery and support of instruction and all other graduate
(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
(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
(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 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. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)