Illinois General Assembly - Full Text of HB5107
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Full Text of HB5107  102nd General Assembly

HB5107eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5107 EngrossedLRB102 24702 NLB 33941 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (105 ILCS 5/34-8.1b rep.)
5    Section 5. The School Code is amended by repealing Section
634-8.1b.
 
7    Section 10. The Illinois Educational Labor Relations Act
8is 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
12governing body of a public school district, including the
13governing body of a charter school established under Article
1427A of the School Code or of a contract school or contract
15turnaround school established under paragraph 30 of Section
1634-18 of the School Code, combination of public school
17districts, including the governing body of joint agreements of
18any type formed by 2 or more school districts, public
19community college district or State college or university, a
20subcontractor of instructional services of a school district
21(other than a school district organized under Article 34 of
22the School Code), combination of school districts, charter

 

 

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1school established under Article 27A of the School Code, or
2contract school or contract turnaround school established
3under paragraph 30 of Section 34-18 of the School Code, an
4Independent Authority created under Section 2-3.25f-5 of the
5School Code, and any State agency whose major function is
6providing educational services. "Educational employer" or
7"employer" does not include (1) a Financial Oversight Panel
8created pursuant to Section 1A-8 of the School Code due to a
9district violating a financial plan or (2) an approved
10nonpublic special education facility that contracts with a
11school district or combination of school districts to provide
12special education services pursuant to Section 14-7.02 of the
13School Code, but does include a School Finance Authority
14created under Article 1E or 1F of the School Code and a
15Financial Oversight Panel created under Article 1B or 1H of
16the School Code. The change made by this amendatory Act of the
1796th General Assembly to this paragraph (a) to make clear that
18the governing body of a charter school is an "educational
19employer" is declaratory of existing law.
20    (b) "Educational employee" or "employee" means any
21individual, excluding supervisors, managerial, confidential,
22short term employees, student, and part-time academic
23employees of community colleges employed full or part time by
24an educational employer, but shall not include elected
25officials and appointees of the Governor with the advice and
26consent 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,
2and peace officers employed by a State university. However,
3with respect to an educational employer of a school district
4organized under Article 34 of the School Code, a supervisor
5shall be considered an educational employee under this
6definition unless the supervisor is also a managerial
7employee. For the purposes of this Act, part-time academic
8employees of community colleges shall be defined as those
9employees who provide less than 3 credit hours of instruction
10per academic semester. In this subsection (b), the term
11"student" does not include graduate students who are research
12assistants primarily performing duties that involve research,
13graduate assistants primarily performing duties that are
14pre-professional, graduate students who are teaching
15assistants primarily performing duties that involve the
16delivery and support of instruction, or any other graduate
17assistants.
18    (c) "Employee organization" or "labor organization" means
19an organization of any kind in which membership includes
20educational employees, and which exists for the purpose, in
21whole or in part, of dealing with employers concerning
22grievances, employee-employer disputes, wages, rates of pay,
23hours of employment, or conditions of work, but shall not
24include any organization which practices discrimination in
25membership because of race, color, creed, age, gender,
26national origin or political affiliation.

 

 

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1    (d) "Exclusive representative" means the labor
2organization which has been designated by the Illinois
3Educational Labor Relations Board as the representative of the
4majority of educational employees in an appropriate unit, or
5recognized by an educational employer prior to January 1, 1984
6as the exclusive representative of the employees in an
7appropriate unit or, after January 1, 1984, recognized by an
8employer upon evidence that the employee organization has been
9designated as the exclusive representative by a majority of
10the employees in an appropriate unit.
11    (e) "Board" means the Illinois Educational Labor Relations
12Board.
13    (f) "Regional Superintendent" means the regional
14superintendent of schools provided for in Articles 3 and 3A of
15The School Code.
16    (g) "Supervisor" means any individual having authority in
17the interests of the employer to hire, transfer, suspend, lay
18off, recall, promote, discharge, reward or discipline other
19employees within the appropriate bargaining unit and adjust
20their grievances, or to effectively recommend such action if
21the exercise of such authority is not of a merely routine or
22clerical nature but requires the use of independent judgment.
23The term "supervisor" includes only those individuals who
24devote a preponderance of their employment time to such
25exercising authority.
26    (h) "Unfair labor practice" or "unfair practice" means any

 

 

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

 

 

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

 

 

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1collective bargaining agreements or who formulates and
2determines employer-wide management policies and practices.
3"Managerial employee" includes a general superintendent of
4schools provided for under Section 34-6 of the School Code.
5    (p) "Craft employee" means a skilled journeyman, craft
6person, and his or her apprentice or helper.
7    (q) "Short-term employee" is an employee who is employed
8for less than 2 consecutive calendar quarters during a
9calendar year and who does not have a reasonable expectation
10that he or she will be rehired by the same employer for the
11same service in a subsequent calendar year. Nothing in this
12subsection shall affect the employee status of individuals who
13were covered by a collective bargaining agreement on the
14effective date of this amendatory Act of 1991.
15    The changes made to this Section by this amendatory Act of
16the 102nd General Assembly may not be construed to void or
17change the powers and duties given to local school councils
18under 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
23in this Act or other law, educational employees employed in
24school districts organized under Article 34 of the School Code
25shall not engage in a strike at any time during the 18 month

 

 

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1period that commences on the effective date of this amendatory
2Act of 1995. An educational employee employed in a school
3district organized under Article 34 of the School Code who
4participates in a strike in violation of this Section is
5subject to discipline by the employer. In addition, no
6educational employer organized under Article 34 of the School
7Code may pay or cause to be paid to an educational employee who
8participates in a strike in violation of this subsection any
9wages or other compensation for any period during which an
10educational employee participates in the strike, except for
11wages or compensation earned before participation in the
12strike. Notwithstanding the existence of any other provision
13in this Act or other law, during the 18-month period that
14strikes are prohibited under this subsection nothing in this
15subsection shall be construed to require an educational
16employer to submit to a binding dispute resolution process.
17    (b) Notwithstanding the existence of any other provision
18in this Act or any other law, educational employees other than
19those employed in a school district organized under Article 34
20of the School Code and, after the expiration of the 18 month
21period that commences on the effective date of this amendatory
22Act of 1995, educational employees in a school district
23organized under Article 34 of the School Code other than
24educational supervisors as provided under subsection (c) shall
25not 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
5has become a clear and present danger to the health or safety
6of the public, the employer may initiate in the circuit court
7of the county in which such danger exists an action for relief
8which may include, but is not limited to, injunction. The
9court may grant appropriate relief upon the finding that such
10clear and present danger exists. An unfair practice or other
11evidence of lack of clean hands by the educational employer is
12a defense to such action. Except as provided for in this
13paragraph, the jurisdiction of the court under this Section is
14limited by the Labor Dispute Act.
15    (c) Educational supervisors employed in a school district
16organized under Article 34 of the School Code whose position
17requires 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,
19eff. 1-1-14.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2023.