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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		(105 ILCS 5/34-8.1b rep.)
5		Section 5. The School Code is amended by repealing Section
6		34-8.1b.
7		Section 10. The Illinois Educational Labor Relations Act
8		is 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
12		governing body of a public school district, including the
13		governing body of a charter school established under Article
14		27A of the School Code or of a contract school or contract
15		turnaround school established under paragraph 30 of Section
16		34-18 of the School Code, combination of public school
17		districts, including the governing body of joint agreements of
18		any type formed by 2 or more school districts, public
19		community college district or State college or university, a
20		subcontractor of instructional services of a school district
21		(other than a school district organized under Article 34 of
22		the School Code), combination of school districts, charter

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1		school established under Article 27A of the School Code, or
2		contract school or contract turnaround school established
3		under paragraph 30 of Section 34-18 of the School Code, an
4		Independent Authority created under Section 2-3.25f-5 of the
5		School Code, and any State agency whose major function is
6		providing educational services. "Educational employer" or
7		"employer" does not include (1) a Financial Oversight Panel
8		created pursuant to Section 1A-8 of the School Code due to a
9		district violating a financial plan or (2) an approved
10		nonpublic special education facility that contracts with a
11		school district or combination of school districts to provide
12		special education services pursuant to Section 14-7.02 of the
13		School Code, but does include a School Finance Authority
14		created under Article 1E or 1F of the School Code and a
15		Financial Oversight Panel created under Article 1B or 1H of
16		the School Code. The change made by this amendatory Act of the
17		96th General Assembly to this paragraph (a) to make clear that
18		the governing body of a charter school is an "educational
19		employer" is declaratory of existing law.
20		(b) "Educational employee" or "employee" means any
21		individual, excluding supervisors, managerial, confidential,
22		short term employees, student, and part-time academic
23		employees of community colleges employed full or part time by
24		an educational employer, but shall not include elected
25		officials and appointees of the Governor with the advice and
26		consent 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,
2		and peace officers employed by a State university. However,
3		with respect to an educational employer of a school district
4		organized under Article 34 of the School Code, a supervisor
5		shall be considered an educational employee under this
6		definition unless the supervisor is also a managerial
7		employee. For the purposes of this Act, part-time academic
8		employees of community colleges shall be defined as those
9		employees who provide less than 3 credit hours of instruction
10		per academic semester. In this subsection (b), the term
11		"student" does not include graduate students who are research
12		assistants primarily performing duties that involve research,
13		graduate assistants primarily performing duties that are
14		pre-professional, graduate students who are teaching
15		assistants primarily performing duties that involve the
16		delivery and support of instruction, or any other graduate
17		assistants.
18		(c) "Employee organization" or "labor organization" means
19		an organization of any kind in which membership includes
20		educational employees, and which exists for the purpose, in
21		whole or in part, of dealing with employers concerning
22		grievances, employee-employer disputes, wages, rates of pay,
23		hours of employment, or conditions of work, but shall not
24		include any organization which practices discrimination in
25		membership because of race, color, creed, age, gender,
26		national origin or political affiliation.

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

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

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

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

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