Bill Text: IL SB3803 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3803 Detail]

Download: Illinois-2019-SB3803-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3803

Introduced 2/14/2020, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:
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).
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 community
16college 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 the
19School Code), combination of school districts, charter school
20established under Article 27A of the School Code, or contract
21school or contract turnaround school established under
22paragraph 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 the
12School Code. The change made by this amendatory Act of the 96th
13General Assembly to this paragraph (a) to make clear that the
14governing body of a charter school is an "educational employer"
15is 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 community
26colleges shall be defined as those employees who provide less

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

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

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1community college, State college or university, State agency
2whose major function is providing educational services, the
3Illinois School for the Deaf, and the Illinois School for the
4Visually Impaired, (1) any employee engaged in work (i)
5predominantly intellectual and varied in character as opposed
6to routine mental, manual, mechanical, or physical work; (ii)
7involving the consistent exercise of discretion and judgment in
8its performance; (iii) of such character that the output
9produced or the result accomplished cannot be standardized in
10relation to a given period of time; and (iv) requiring
11knowledge of an advanced type in a field of science or learning
12customarily acquired by a prolonged course of specialized
13intellectual instruction and study in an institution of higher
14learning or a hospital, as distinguished from a general
15academic education or from an apprenticeship or from training
16in the performance of routine mental, manual, or physical
17processes; or (2) any employee, who (i) has completed the
18courses of specialized intellectual instruction and study
19described in clause (iv) of paragraph (1) of this subsection,
20and (ii) is performing related work under the supervision of a
21professional person to qualify himself or herself to become a
22professional as defined in paragraph (l).
23 (l) "Professional employee" means, in the case of any
24public school district, or combination of school districts
25pursuant to joint agreement, any employee who has a certificate
26issued under Article 21 or Section 34-83 of the School Code, as

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1now or hereafter amended.
2 (m) "Unit" or "bargaining unit" means any group of
3employees for which an exclusive representative is selected.
4 (n) "Confidential employee" means an employee, who (i) in
5the regular course of his or her duties, assists and acts in a
6confidential capacity to persons who formulate, determine and
7effectuate management policies with regard to labor relations
8or who (ii) in the regular course of his or her duties has
9access to information relating to the effectuation or review of
10the employer's collective bargaining policies.
11 (o) "Managerial employee" means an individual who has a
12significant role in the negotiation of collective bargaining
13agreements or who formulates and determines employer-wide
14management policies and practices. "Managerial employee"
15includes a regional superintendent or school district
16superintendent provided for under Section 10-21.4 or 34-6 of
17the School Code. is engaged predominantly in executive and
18management functions and is charged with the responsibility of
19directing the effectuation of such management policies and
20practices.
21 (p) "Craft employee" means a skilled journeyman, craft
22person, and his or her apprentice or helper.
23 (q) "Short-term employee" is an employee who is employed
24for less than 2 consecutive calendar quarters during a calendar
25year and who does not have a reasonable expectation that he or
26she will be rehired by the same employer for the same service

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1in a subsequent calendar year. Nothing in this subsection shall
2affect the employee status of individuals who were covered by a
3collective bargaining agreement on the effective date of this
4amendatory Act of 1991.
5(Source: P.A. 101-380, eff. 1-1-20.)
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