(5 ILCS 315/7)
(from Ch. 48, par. 1607)
Duty to bargain.
A public employer and the exclusive representative
have the authority and the duty to bargain collectively set forth in this
For the purposes of this Act, "to bargain collectively" means the performance
of the mutual obligation of the public employer or his designated
representative and the representative of the public employees to meet at
reasonable times, including meetings in advance of the budget-making process,
and to negotiate in good faith with respect to wages, hours, and other
of employment, not excluded by Section 4 of this Act, or the negotiation
of an agreement, or any question arising
thereunder and the execution of a written contract incorporating any agreement
reached if requested by either party, but such obligation does not compel
either party to agree to a proposal or require the making of a concession.
The duty "to bargain collectively" shall also include an obligation to
negotiate over any matter with respect to wages, hours and other conditions
of employment, not specifically provided for in any other law or not specifically
in violation of the provisions
of any law. If any other law pertains, in part, to a matter affecting
the wages, hours and other conditions of employment, such other law shall
not be construed as limiting the duty "to bargain collectively" and to enter
into collective bargaining agreements containing clauses which either supplement,
implement, or relate to the effect of such provisions in other laws.
The duty "to bargain collectively" shall also include negotiations
as to the terms of a collective bargaining agreement.
The parties may, by mutual agreement, provide for arbitration of impasses
resulting from their inability to agree upon wages, hours and terms and
conditions of employment to be included in a collective bargaining agreement.
Such arbitration provisions shall be subject to the Illinois "Uniform Arbitration
Act" unless agreed by the parties.
The duty "to bargain collectively" shall also mean that no party to a collective
bargaining contract shall terminate or modify such contract, unless the
party desiring such termination or modification:
(1) serves a written notice upon the other party to
the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;
(2) offers to meet and confer with the other party
for the purpose of negotiating a new contract or a contract containing the proposed modifications;
(3) notifies the Board within 30 days after such
notice of the existence of a dispute, provided no agreement has been reached by that time; and
(4) continues in full force and effect, without
resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given to the other party or until the expiration date of such contract, whichever occurs later.
The duties imposed upon employers, employees and labor organizations by
paragraphs (2), (3) and (4) shall become inapplicable upon an intervening
certification of the Board, under which the labor organization, which is
a party to the contract, has been superseded as or ceased to be the exclusive
of the employees pursuant to the provisions of subsection (a) of Section
9, and the duties so imposed shall not be construed as requiring either
party to discuss or agree to any modification of the terms and conditions
contained in a contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened under the provisions
of the contract.
Collective bargaining for home care and home health workers who function as personal assistants and individual maintenance home health workers
the Home Services Program shall be limited to the terms and conditions of
under the State's control, as defined in Public Act 93-204 or this amendatory Act of the 97th General Assembly, as applicable.
Collective bargaining for child and day care home providers under the child care assistance program shall be limited to the terms and conditions of employment under the State's control, as defined in this amendatory Act of the 94th General Assembly.
Notwithstanding any other provision of this Section, whenever collective bargaining is for the purpose of establishing an initial agreement following original certification of units with fewer than 35 employees, with respect to public employees other than peace officers, fire fighters, and security employees, the following apply:
(1) Not later than 10 days after receiving a
written request for collective bargaining from a labor organization that has been newly certified as a representative as defined in Section 6(c), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
(2) If anytime after the expiration of the 90-day
period beginning on the date on which bargaining is commenced the parties have failed to reach an agreement, either party may notify the Illinois Public Labor Relations Board of the existence of a dispute and request mediation in accordance with the provisions of Section 14 of this Act.
(3) If after the expiration of the 30-day period
beginning on the date on which mediation commenced, or such additional period as the parties may agree upon, the mediator is not able to bring the parties to agreement by conciliation, either the exclusive representative of the employees or the employer may request of the other, in writing, arbitration and shall submit a copy of the request to the board. Upon submission of the request for arbitration, the parties shall be required to participate in the impasse arbitration procedures set forth in Section 14 of this Act, except the right to strike shall not be considered waived pursuant to Section 17 of this Act, until the actual convening of the arbitration hearing.
(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)