Bill Text: IL HB5107 | 2021-2022 | 102nd General Assembly | Enrolled

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Bill Title: Amends the Chicago School District Article of the School Code. Repeals provisions concerning exemption from bargaining unit membership. Amends the Illinois Educational Labor Relations Act. With respect to an educational employer of the Chicago school district, provides that (i) a supervisor shall be considered an "educational employee" unless the supervisor is also a managerial employee and (ii) a "managerial employee" means 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, including a general superintendent of schools (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). In provisions concerning strikes, prohibits educational supervisors employed in the Chicago school district whose position requires an administrative license from engaging in a strike. Effective January 1, 2023.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Enrolled - Dead) 2023-01-06 - Added as Alternate Co-Sponsor Sen. Mattie Hunter [HB5107 Detail]

Download: Illinois-2021-HB5107-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(105 ILCS 5/34-8.1b rep.)
Section 5. The School Code is amended by repealing Section
34-8.1b.
Section 10. The Illinois Educational Labor Relations Act
is amended by changing Sections 2 and 13 as follows:
(115 ILCS 5/2) (from Ch. 48, par. 1702)
Sec. 2. Definitions. 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

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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
district 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
created 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

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(g-1) of Section 3 of the Illinois Public Labor Relations Act,
and peace officers employed by a State university. However,
with respect to an educational employer of a school district
organized under Article 34 of the School Code, a supervisor
shall be considered an educational employee under this
definition unless the supervisor is also a managerial
employee. 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 academic semester. In this subsection (b), the term
"student" does not include graduate students who are research
assistants primarily performing duties that involve research,
graduate assistants primarily performing duties that are
pre-professional, graduate students who are teaching
assistants primarily performing duties that involve the
delivery and support of instruction, or any other graduate
assistants.
(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.

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(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

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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 rendered.
(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,

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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, with respect to an
educational employer other than an educational employer of a
school district organized under Article 34 of the School Code,
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 or, with respect to an educational employer of a
school district organized under Article 34 of the School Code,
an individual who has a significant role in the negotiation of

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collective bargaining agreements or who formulates and
determines employer-wide management policies and practices.
"Managerial employee" includes a general superintendent of
schools provided for under Section 34-6 of the School Code.
(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.
The changes made to this Section by this amendatory Act of
the 102nd General Assembly may not be construed to void or
change the powers and duties given to local school councils
under Section 34-2.3 of the School Code.
(Source: P.A. 101-380, eff. 1-1-20.)
(115 ILCS 5/13) (from Ch. 48, par. 1713)
Sec. 13. Strikes.
(a) Notwithstanding the existence of any other provision
in this Act or other law, educational employees employed in
school districts organized under Article 34 of the School Code
shall not engage in a strike at any time during the 18 month

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period that commences on the effective date of this amendatory
Act of 1995. An educational employee employed in a school
district organized under Article 34 of the School Code who
participates in a strike in violation of this Section is
subject to discipline by the employer. In addition, no
educational employer organized under Article 34 of the School
Code may pay or cause to be paid to an educational employee who
participates in a strike in violation of this subsection any
wages or other compensation for any period during which an
educational employee participates in the strike, except for
wages or compensation earned before participation in the
strike. Notwithstanding the existence of any other provision
in this Act or other law, during the 18-month period that
strikes are prohibited under this subsection nothing in this
subsection shall be construed to require an educational
employer to submit to a binding dispute resolution process.
(b) Notwithstanding the existence of any other provision
in this Act or any other law, educational employees other than
those employed in a school district organized under Article 34
of the School Code and, after the expiration of the 18 month
period that commences on the effective date of this amendatory
Act of 1995, educational employees in a school district
organized under Article 34 of the School Code other than
educational supervisors as provided under subsection (c) shall
not engage in a strike except under the following conditions:
(1) they are represented by an exclusive bargaining

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representative;
(2) mediation has been used without success and, for
educational employers and exclusive bargaining
representatives to which subsection (a-5) of Section 12 of
this Act applies, at least 14 days have elapsed after the
Board has made public the parties' offers;
(2.5) if fact-finding was invoked pursuant to
subsection (a-10) of Section 12 of this Act, at least 30
days have elapsed after a fact-finding report has been
released for public information;
(2.10) for educational employees employed in a school
district organized under Article 34 of the School Code, at
least three-fourths of all bargaining unit employees who
are members of the exclusive bargaining representative
have affirmatively voted to authorize the strike;
provided, however, that all members of the exclusive
bargaining representative at the time of a strike
authorization vote shall be eligible to vote;
(3) at least 10 days have elapsed after a notice of
intent to strike has been given by the exclusive
bargaining representative to the educational employer, the
regional superintendent and the Illinois Educational Labor
Relations Board;
(4) the collective bargaining agreement between the
educational employer and educational employees, if any,
has expired or been terminated; and

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(5) the employer and the exclusive bargaining
representative have not mutually submitted the unresolved
issues to arbitration.
If, however, in the opinion of an employer the strike is or
has become a clear and present danger to the health or safety
of the public, the employer may initiate in the circuit court
of the county in which such danger exists an action for relief
which may include, but is not limited to, injunction. The
court may grant appropriate relief upon the finding that such
clear and present danger exists. An unfair practice or other
evidence of lack of clean hands by the educational employer is
a defense to such action. Except as provided for in this
paragraph, the jurisdiction of the court under this Section is
limited by the Labor Dispute Act.
(c) Educational supervisors employed in a school district
organized under Article 34 of the School Code whose position
requires an administrative license may not engage in a strike.
(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
eff. 1-1-14.)
Section 99. Effective date. This Act takes effect January
1, 2023.