State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. William Davis


115 ILCS 5/2  from Ch. 48, par. 1702

    Amends the Illinois Educational Labor Relations Act. Provides that a "supervisor" shall be considered an educational employee under the definition of "educational employee" unless the supervisor is also a managerial employee. Modifies the definition of "managerial employee" to mean an individual who has a significant role in the negotiation of collective bargaining agreements or who formulates and determines employer-wide management policies and practices (rather than 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 practices). Effective immediately.

LRB102 16016 NHT 21388 b






HB3496LRB102 16016 NHT 21388 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Educational Labor Relations Act is
5amended 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
17subcontractor of instructional services of a school district
18(other than a school district organized under Article 34 of
19the School Code), combination of school districts, charter
20school established under Article 27A of the School Code, or
21contract school or contract turnaround school established
22under paragraph 30 of Section 34-18 of the School Code, an
23Independent Authority created under Section 2-3.25f-5 of the



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1School Code, and any State agency whose major function is
2providing educational services. "Educational employer" or
3"employer" does not include (1) a Financial Oversight Panel
4created pursuant to Section 1A-8 of the School Code due to a
5district violating a financial plan or (2) an approved
6nonpublic special education facility that contracts with a
7school district or combination of school districts to provide
8special education services pursuant to Section 14-7.02 of the
9School Code, but does include a School Finance Authority
10created under Article 1E or 1F of the School Code and a
11Financial Oversight Panel created under Article 1B or 1H of
12the School Code. The change made by this amendatory Act of the
1396th General Assembly to this paragraph (a) to make clear that
14the governing body of a charter school is an "educational
15employer" is declaratory of existing law.
16    (b) "Educational employee" or "employee" means any
17individual, excluding supervisors, managerial, confidential,
18short term employees, student, and part-time academic
19employees of community colleges employed full or part time by
20an educational employer, but shall not include elected
21officials and appointees of the Governor with the advice and
22consent of the Senate, firefighters as defined by subsection
23(g-1) of Section 3 of the Illinois Public Labor Relations Act,
24and peace officers employed by a State university. For the
25purposes of this Act, part-time academic employees of
26community colleges shall be defined as those employees who



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1provide less than 3 credit hours of instruction per academic
2semester. In this subsection (b), the term "student" does not
3include graduate students who are research assistants
4primarily performing duties that involve research, graduate
5assistants primarily performing duties that are
6pre-professional, graduate students who are teaching
7assistants primarily performing duties that involve the
8delivery and support of instruction, or any other graduate
9assistants. A supervisor shall be considered an educational
10employee under this definition unless the supervisor is also a
11managerial employee.
12    (c) "Employee organization" or "labor organization" means
13an organization of any kind in which membership includes
14educational employees, and which exists for the purpose, in
15whole or in part, of dealing with employers concerning
16grievances, employee-employer disputes, wages, rates of pay,
17hours of employment, or conditions of work, but shall not
18include any organization which practices discrimination in
19membership because of race, color, creed, age, gender,
20national origin or political affiliation.
21    (d) "Exclusive representative" means the labor
22organization which has been designated by the Illinois
23Educational Labor Relations Board as the representative of the
24majority of educational employees in an appropriate unit, or
25recognized by an educational employer prior to January 1, 1984
26as the exclusive representative of the employees in an



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



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1    (k) "Professional employee" means, in the case of a public
2community college, State college or university, State agency
3whose major function is providing educational services, the
4Illinois School for the Deaf, and the Illinois School for the
5Visually Impaired, (1) any employee engaged in work (i)
6predominantly intellectual and varied in character as opposed
7to routine mental, manual, mechanical, or physical work; (ii)
8involving the consistent exercise of discretion and judgment
9in its performance; (iii) of such character that the output
10produced or the result accomplished cannot be standardized in
11relation to a given period of time; and (iv) requiring
12knowledge of an advanced type in a field of science or learning
13customarily acquired by a prolonged course of specialized
14intellectual instruction and study in an institution of higher
15learning or a hospital, as distinguished from a general
16academic education or from an apprenticeship or from training
17in the performance of routine mental, manual, or physical
18processes; or (2) any employee, who (i) has completed the
19courses of specialized intellectual instruction and study
20described in clause (iv) of paragraph (1) of this subsection,
21and (ii) is performing related work under the supervision of a
22professional person to qualify himself or herself to become a
23professional as defined in paragraph (l).
24    (l) "Professional employee" means, in the case of any
25public school district, or combination of school districts
26pursuant to joint agreement, any employee who has a



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1certificate issued under Article 21 or Section 34-83 of the
2School Code, as now or hereafter amended.
3    (m) "Unit" or "bargaining unit" means any group of
4employees for which an exclusive representative is selected.
5    (n) "Confidential employee" means an employee, who (i) in
6the regular course of his or her duties, assists and acts in a
7confidential capacity to persons who formulate, determine and
8effectuate management policies with regard to labor relations
9or who (ii) in the regular course of his or her duties has
10access to information relating to the effectuation or review
11of the employer's collective bargaining policies.
12    (o) "Managerial employee" means an individual who has a
13significant role in the negotiation of collective bargaining
14agreements or who formulates and determines employer-wide
15management policies and practices. "Managerial employee"
16includes a regional superintendent of schools or school
17district superintendent provided for under Section 10-21.4 or
1834-6 of the School Code is engaged predominantly in executive
19and management functions and is charged with the
20responsibility of directing the effectuation of such
21management policies and practices.
22    (p) "Craft employee" means a skilled journeyman, craft
23person, and his or her apprentice or helper.
24    (q) "Short-term employee" is an employee who is employed
25for less than 2 consecutive calendar quarters during a
26calendar year and who does not have a reasonable expectation



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1that he or she will be rehired by the same employer for the
2same service in a subsequent calendar year. Nothing in this
3subsection shall affect the employee status of individuals who
4were covered by a collective bargaining agreement on the
5effective date of this amendatory Act of 1991.
6    The changes made to this Section by this amendatory Act of
7the 102nd General Assembly may not be construed to void or
8change the powers and duties given to local school councils
9under Section 34-2.3 of the School Code.
10(Source: P.A. 101-380, eff. 1-1-20.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.