Rep. William Davis
Filed: 3/16/2021
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1 | AMENDMENT TO HOUSE BILL 3496
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2 | AMENDMENT NO. ______. Amend House Bill 3496 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Educational Labor Relations Act | ||||||
5 | is amended by changing Section 2 as follows:
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6 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
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7 | Sec. 2. Definitions. As used in this Act:
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8 | (a) "Educational employer"
or "employer" means the | ||||||
9 | governing body of a public school district, including the | ||||||
10 | governing body of a charter school established under Article | ||||||
11 | 27A of the School Code or of a contract school or contract | ||||||
12 | turnaround school established under paragraph 30 of Section | ||||||
13 | 34-18 of the School Code, combination
of public school | ||||||
14 | districts, including the governing body of joint agreements
of | ||||||
15 | any type formed by 2 or more school districts, public | ||||||
16 | community college
district or State college or university, a |
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1 | subcontractor of instructional services of a school district | ||||||
2 | (other than a school district organized under Article 34 of | ||||||
3 | the School Code), combination of school districts, charter | ||||||
4 | school established under Article 27A of the School Code, or | ||||||
5 | contract school or contract turnaround school established | ||||||
6 | under paragraph 30 of Section 34-18 of the School Code, an | ||||||
7 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
8 | School Code, and any State agency whose major
function is | ||||||
9 | providing educational services.
"Educational employer" or | ||||||
10 | "employer" does not include (1) a Financial Oversight
Panel | ||||||
11 | created pursuant to Section 1A-8 of the School Code due to a
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12 | district
violating a financial plan or (2) an approved | ||||||
13 | nonpublic special education facility that contracts with a | ||||||
14 | school district or combination of school districts to provide | ||||||
15 | special education services pursuant to Section 14-7.02 of the | ||||||
16 | School Code, but does include a School Finance Authority
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17 | created
under Article 1E or 1F of the School Code and a | ||||||
18 | Financial Oversight Panel created under Article 1B or 1H of | ||||||
19 | the School Code. The change made by this amendatory Act of the | ||||||
20 | 96th General Assembly to this paragraph (a) to make clear that | ||||||
21 | the governing body of a charter school is an "educational | ||||||
22 | employer" is declaratory of existing law.
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23 | (b) "Educational employee" or "employee" means any | ||||||
24 | individual, excluding
supervisors, managerial, confidential, | ||||||
25 | short term employees, student, and
part-time academic | ||||||
26 | employees of community colleges employed full or part
time by |
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1 | an educational employer, but shall not include elected | ||||||
2 | officials
and appointees of the Governor with the advice and | ||||||
3 | consent of the Senate,
firefighters as defined by subsection | ||||||
4 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
5 | and peace officers employed by a State
university. However, | ||||||
6 | with respect to an educational employer of a school district | ||||||
7 | organized under Article 34 of the School Code, a supervisor | ||||||
8 | shall be considered an educational employee under this | ||||||
9 | definition unless the supervisor is also a managerial | ||||||
10 | employee. For the purposes of this Act, part-time
academic | ||||||
11 | employees of community colleges shall be defined as those
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12 | employees who provide less than 3 credit hours of instruction | ||||||
13 | per
academic
semester. In this subsection (b), the term | ||||||
14 | "student" does not include
graduate students who are research | ||||||
15 | assistants primarily
performing duties that involve research, | ||||||
16 | graduate assistants primarily
performing duties that are | ||||||
17 | pre-professional, graduate
students who are teaching | ||||||
18 | assistants primarily performing duties that
involve the | ||||||
19 | delivery and support of instruction, or any other graduate
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20 | assistants.
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21 | (c) "Employee organization" or "labor organization" means | ||||||
22 | an organization
of any kind in which membership includes | ||||||
23 | educational employees, and which
exists for the purpose, in | ||||||
24 | whole or in part, of dealing with employers
concerning | ||||||
25 | grievances, employee-employer disputes, wages, rates of pay,
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26 | hours of employment, or conditions of work, but shall not |
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1 | include any
organization which practices discrimination in | ||||||
2 | membership because of race,
color, creed, age, gender, | ||||||
3 | national origin or political affiliation.
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4 | (d) "Exclusive representative" means the labor | ||||||
5 | organization which has
been designated by the Illinois | ||||||
6 | Educational Labor Relations Board as the
representative of the | ||||||
7 | majority of educational employees in an appropriate
unit, or | ||||||
8 | recognized by an educational employer prior to January 1, 1984 | ||||||
9 | as
the exclusive representative of the employees in an | ||||||
10 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
11 | employer upon evidence that the
employee organization has been | ||||||
12 | designated as the exclusive representative
by a majority of | ||||||
13 | the employees in an appropriate unit.
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14 | (e) "Board" means the Illinois Educational Labor Relations | ||||||
15 | Board.
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16 | (f) "Regional Superintendent" means the regional | ||||||
17 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
18 | The School Code.
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19 | (g) "Supervisor" means any individual having authority in | ||||||
20 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
21 | off, recall, promote,
discharge, reward or discipline other | ||||||
22 | employees within the appropriate
bargaining unit and adjust | ||||||
23 | their grievances, or to effectively recommend
such action if | ||||||
24 | the exercise of such authority is not of a merely routine or
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25 | clerical nature but requires the use of independent judgment. | ||||||
26 | The term
"supervisor" includes only those individuals who |
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1 | devote a preponderance of
their employment time to such | ||||||
2 | exercising authority.
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3 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
4 | practice
prohibited by Section 14 of this Act.
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5 | (i) "Person" includes an individual, educational employee, | ||||||
6 | educational
employer, legal representative, or employee | ||||||
7 | organization.
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8 | (j) "Wages" means salaries or other forms of compensation | ||||||
9 | for services
rendered.
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10 | (k) "Professional employee" means, in the case of a public | ||||||
11 | community
college, State college or university, State agency | ||||||
12 | whose major function is
providing educational services, the | ||||||
13 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
14 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
15 | predominantly intellectual and varied in character as opposed | ||||||
16 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
17 | involving the
consistent exercise of discretion and judgment | ||||||
18 | in its performance; (iii) of
such character that the output | ||||||
19 | produced or the result accomplished cannot
be standardized in | ||||||
20 | relation to a given period of time; and (iv) requiring
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21 | knowledge of an advanced type in a field of science or learning | ||||||
22 | customarily
acquired by a prolonged course of specialized | ||||||
23 | intellectual instruction and
study in an institution of higher | ||||||
24 | learning or a hospital, as distinguished
from a general | ||||||
25 | academic education or from an apprenticeship or from training
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26 | in the performance of routine mental, manual, or physical |
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1 | processes; or
(2) any employee, who (i) has completed the | ||||||
2 | courses of specialized
intellectual instruction and study | ||||||
3 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
4 | and (ii) is performing related work under the
supervision of a | ||||||
5 | professional person to qualify himself or herself to
become a | ||||||
6 | professional as defined in paragraph (l).
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7 | (l) "Professional employee" means, in the case of any | ||||||
8 | public school
district, or combination of school districts | ||||||
9 | pursuant to joint agreement,
any employee who has a | ||||||
10 | certificate issued under Article 21 or Section 34-83
of the | ||||||
11 | School Code, as now or hereafter amended.
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12 | (m) "Unit" or "bargaining unit" means any group of | ||||||
13 | employees for which
an exclusive representative is selected.
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14 | (n) "Confidential employee" means an employee, who (i) in | ||||||
15 | the regular
course of his or her duties, assists and acts in a | ||||||
16 | confidential capacity to
persons who formulate, determine and | ||||||
17 | effectuate management policies with
regard to labor relations | ||||||
18 | or who (ii) in the regular course of his or her
duties has | ||||||
19 | access to information relating to the effectuation or review | ||||||
20 | of
the employer's collective bargaining policies.
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21 | (o) "Managerial employee" means , with respect to an | ||||||
22 | educational employer other than an educational employer of a | ||||||
23 | school district organized under Article 34 of the School Code, | ||||||
24 | an individual who is engaged
predominantly in executive and | ||||||
25 | management functions and is charged with the
responsibility of | ||||||
26 | directing the effectuation of such management policies and
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1 | practices or, with respect to an educational employer of a | ||||||
2 | school district organized under Article 34 of the School Code, | ||||||
3 | an individual who has a significant role in the negotiation of | ||||||
4 | collective bargaining agreements or who formulates and | ||||||
5 | determines employer-wide management policies and practices. | ||||||
6 | "Managerial employee" includes a general superintendent of | ||||||
7 | schools provided for under Section 34-6 of the School Code .
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8 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
9 | person, and his
or her apprentice or helper.
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10 | (q) "Short-term employee" is an employee who is employed | ||||||
11 | for less than
2 consecutive calendar quarters during a | ||||||
12 | calendar year and who does not
have a reasonable expectation | ||||||
13 | that he or she will be rehired by the same
employer for the | ||||||
14 | same service in a subsequent calendar year. Nothing in
this | ||||||
15 | subsection shall affect the employee status of individuals who | ||||||
16 | were
covered by a collective bargaining agreement on the | ||||||
17 | effective date of this
amendatory Act of 1991.
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18 | The changes made to this Section by this amendatory Act of | ||||||
19 | the 102nd General Assembly may not be construed to void or | ||||||
20 | change the powers and duties given to local school councils | ||||||
21 | under Section 34-2.3 of the School Code. | ||||||
22 | (Source: P.A. 101-380, eff. 1-1-20 .)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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