ILCS » Chapter 115 · Act 5
Illinois Compiled Statutes

115 ILCS 5/10 (2026)

Duty to bargain

✓ current as of May 2026
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(115 ILCS 5/10) (from Ch. 48, par. 1710)
    Sec. 10. Duty to bargain. (a) An educational employer and the exclusive representative have the authority and the duty to bargain collectively as set forth in this Section. Collective bargaining is the performance of the mutual obligations of the educational employer and the representative of the educational employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, and to execute a written contract incorporating any agreement reached by such obligation, provided such obligation does not compel either party to agree to a proposal or require the making of a concession.
    (b) The parties to the collective bargaining process shall not effect or implement a provision in a collective bargaining agreement if the implementation of that provision would be in violation of, or inconsistent with, or in conflict with any statute or statutes enacted by the General Assembly of Illinois. The parties to the collective bargaining process may effect or implement a provision in a collective bargaining agreement if the implementation of that provision has the effect of supplementing any provision in any statute or statutes enacted by the General Assembly of Illinois pertaining to wages, hours or other conditions of employment; provided however, no provision in a collective bargaining agreement may be effected or implemented if such provision has the effect of negating, abrogating, replacing, reducing, diminishing, or limiting in any way any employee rights, guarantees or privileges pertaining to wages, hours or other conditions of employment provided in such statutes. Any provision in a collective bargaining agreement which has the effect of negating, abrogating, replacing, reducing, diminishing or limiting in any way any employee rights, guarantees or privileges provided in an Illinois statute or statutes shall be void and unenforceable, but shall not affect the validity, enforceability and implementation of other permissible provisions of the collective bargaining agreement.
    (c) The collective bargaining agreement negotiated between representatives of the educational employees and the educational employer shall contain a grievance resolution procedure which shall apply to all employees in the unit and shall provide for binding arbitration of disputes concerning the administration or interpretation of the agreement. The agreement shall also contain appropriate language prohibiting strikes for the duration of the agreement. The costs of such arbitration shall be borne equally by the educational employer and the employee organization.
    (d) Once an agreement is reached between representatives of the educational employees and the educational employer and is ratified by both parties, the agreement shall be reduced to writing and signed by the parties.
(Source: P.A. 84-832.)

    
Notes of Decisions
Cited in 44 cases (5 in the last 5 years), 1994–2026 · leading case: Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 883 N.E.2d 29 (Ill. App. Ct. 2007).
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Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 883 N.E.2d 29 (Ill. App. Ct. 2007). · cites it 10× “There are two grounds for challenging arbitrability: (1) there is no contractual agreement to arbitrate the substance of the dispute; and (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2004)) because the subject matter of the dispute…”
Chicago Teachers Un., Local 1, A. Fed. of Teachers, Afl-Cio v. Educ. Labor Rel. Bd., 800 N.E.2d 475 (Ill. App. Ct. 2003). · cites it 5× “s granted to the IELRB under section 15 of the Act include the authority to remand a labor dispute to an arbitrator who has legitimately found a violation of a party’s rights under a collective bargaining agreement when the IELRB determines that the arbitrator has exceeded his…”
Midwest Cent. Educ. Ass'n v. Illinois Educ. Labor Relations Bd., 660 N.E.2d 151 (Ill. App. Ct. 1995). · cites it 4× “The Board ruled that the arbitrator’s award was invalid because his remedy violated section 10(b) of the Illinois Educational Labor Relations Act (Act) (115 ILCS 5/10(b) (West 1992)). The Association now appeals the Board’s decision, contending that it erred in determining the…”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2016). · cites it 5× “A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2010)) because the subject matter of the…”
Speed Dist. 802 v. Warning, 950 N.E.2d 1069 (Ill. 2011). · cites it 2× “Section 10 of the Illinois Educational Labor Relations Act (IELRA) mandated that the District and the Union "confer in good faith with respect to wages, hours and other terms and conditions of employment, and to execute a written contract incorporating any agreement reached by…”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2015). · cites it 5× “A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute; or (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2010)) because the subject matter of the…”
Ill. Nurses Assoc. v. Bd. of Trs. of Univ., 741 N.E.2d 1014 (Ill. App. Ct. 2001). · cites it 2× “The issues on appeal are: (1) whether section 10(b) of the Illinois Educational Labor Relations Act (115 ILCS 5/10(b) West 1996)) prohibits implementation of the arbitration awards; and (2) whether the arbitrators’ awards reinstating Tomanek, Leonard, and Perez violate public…”
Granite City Cmty. Unit Sch. Dist. No. 9 v. Illinois Educ. Labor Relations Bd., 664 N.E.2d 1060 (Ill. App. Ct. 1996). · cites it 5× “Section 10(b) of the Act states in part: "The parties to the collective bargaining process shall not effect or implement a provision in a collective bargaining agreement if the implementation of that provision would be in violation of, or inconsistent with, or in conflict with…”
W. Illinois Univ. v. Illinois Educ. Labor Relations Bd., 2021 IL 126082 (Ill. 2021). “115 ILCS 5/10(b) (West 2016); Rockford, 165 Ill.”
Chicago Teachers Union v. Illinois Educ. Labor Relations Bd., 778 N.E.2d 1232 (Ill. App. Ct. 2002). · cites it 2× “115 ILCS 5/10(b) (West 1996); Board of Education of Rockford School District No.”
Mt. Vernon Educ. Ass'n v. Illinois Educ. Labor Relations Bd., 663 N.E.2d 1067 (Ill. App. Ct. 1996). · cites it 3× “In Rock Falls, the Board stated it was unwilling to accept that district’s contention the omission from the Act of any language pertaining to midterm bargaining prevented a district from having to engage in such bargaining because it would negate the requirements of section 10…”
Cobden Unit Sch. Dist. No. 17 v. Illinois Educ. Labor Relations Bd., 2012 IL App (1st) 101716 (Ill. App. Ct. 2012). · cites it 3× “” 115 ILCS 5/10(b) (West 2006). ¶ 19 Section 14(a)(1) of the Act prohibits “[e]ducational employers, their agents or representatives” from “[i]nterfering, restraining or coercing employees in the exercise of the rights guaranteed under this Act.”
Show all 44 citing cases →
— 115 ILCS 5/10(a) — 11 cases
Mt. Vernon Educ. Ass'n v. Illinois Educ. Labor Relations Bd., 663 N.E.2d 1067 (Ill. App. Ct. 1996). “In Rock Falls, the Board stated it was unwilling to accept that district’s contention the omission from the Act of any language pertaining to midterm bargaining prevented a district from having to engage in such bargaining because it would negate the requirements of section 10…”
Sedol Teachers Union, Local 504 v. Illinois Educ. Labor Relations Bd., 668 N.E.2d 1117 (Ill. App. Ct. 1996).
Buchna v. Illinois State Bd. of Educ., 795 N.E.2d 1045 (Ill. App. Ct. 2003).
Pride Commc'ns Ltd. P'ship v. WCKG, Inc., 851 F. Supp. 895 (N.D. Ill. 1994).
Cmty. Unit Sch. Dist. No. 5 v. Illinois Educ. Labor Relations Bd., 2014 IL App (4th) 130294 (Ill. App. Ct. 2014).
— 115 ILCS 5/10(b) — 33 cases
Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 883 N.E.2d 29 (Ill. App. Ct. 2007). “There are two grounds for challenging arbitrability: (1) there is no contractual agreement to arbitrate the substance of the dispute; and (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2004)) because the subject matter of the dispute…”
Chicago Teachers Un., Local 1, A. Fed. of Teachers, Afl-Cio v. Educ. Labor Rel. Bd., 800 N.E.2d 475 (Ill. App. Ct. 2003). “s granted to the IELRB under section 15 of the Act include the authority to remand a labor dispute to an arbitrator who has legitimately found a violation of a party’s rights under a collective bargaining agreement when the IELRB determines that the arbitrator has exceeded his…”
Midwest Cent. Educ. Ass'n v. Illinois Educ. Labor Relations Bd., 660 N.E.2d 151 (Ill. App. Ct. 1995). “The Board ruled that the arbitrator’s award was invalid because his remedy violated section 10(b) of the Illinois Educational Labor Relations Act (Act) (115 ILCS 5/10(b) (West 1992)). The Association now appeals the Board’s decision, contending that it erred in determining the…”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2016). “A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2010)) because the subject matter of the…”
Ill. Nurses Assoc. v. Bd. of Trs. of Univ., 741 N.E.2d 1014 (Ill. App. Ct. 2001). “The issues on appeal are: (1) whether section 10(b) of the Illinois Educational Labor Relations Act (115 ILCS 5/10(b) West 1996)) prohibits implementation of the arbitration awards; and (2) whether the arbitrators’ awards reinstating Tomanek, Leonard, and Perez violate public…”
— 115 ILCS 5/10(c) — 12 cases
Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 883 N.E.2d 29 (Ill. App. Ct. 2007). “There are two grounds for challenging arbitrability: (1) there is no contractual agreement to arbitrate the substance of the dispute; and (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2004)) because the subject matter of the dispute…”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2016). “A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2010)) because the subject matter of the…”
Chicago Teachers Union v. Chicago Sch. Reform Bd. of Trs., 787 N.E.2d 224 (Ill. App. Ct. 2003).
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2015). “A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute; or (2) the dispute is not arbitrable under section 10(b) of the Act (115 ILCS 5/10(b) (West 2010)) because the subject matter of the…”
Chicago Bd. of Educ. v. Chicago Teachers Union, Local No. 1, IFT-AFT, AFL- CIO, 2024 IL App (1st) 240613 (Ill. App. Ct. 2024).
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