Illinois Compiled Statutes
5 ILCS 315/4 (2026)
Management Rights
✓ current as of May 2026
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(5 ILCS 315/4)
(from Ch. 48, par. 1604)
(Text of Section WITH the changes made by P.A. 98-599, which has been held unconstitutional) Sec. 4. Management Rights. Employers shall not be required to bargain
over matters of inherent managerial policy, which shall include such areas
of discretion or policy as the functions of the employer, standards of
services,
its overall budget, the organizational structure and selection of new
employees, examination techniques
and direction of employees. Employers, however, shall be required to bargain
collectively with regard to
policy matters directly affecting wages, hours and terms and conditions of employment
as well as the impact thereon upon request by employee representatives, except as provided in Section 7.5.
To preserve the rights of employers and exclusive representatives which
have established collective bargaining relationships or negotiated collective
bargaining agreements prior to the effective date of this Act, employers
shall be required to bargain collectively with regard to any matter concerning
wages, hours or conditions of employment about which they have bargained
for and agreed to in a collective bargaining agreement
prior to the effective date of this Act, except as provided in Section 7.5.
The chief judge of the judicial circuit that employs a public employee who
is
a court reporter, as defined in the Court Reporters Act, has the authority to
hire, appoint, promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly shall
be construed to intrude upon the judicial functions of any court. This
amendatory Act of the 94th General Assembly applies only to nonjudicial
administrative matters relating to the collective bargaining rights of court
reporters.
(Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional) Sec. 4. Management Rights. Employers shall not be required to bargain
over matters of inherent managerial policy, which shall include such areas
of discretion or policy as the functions of the employer, standards of
services,
its overall budget, the organizational structure and selection of new
employees, examination techniques
and direction of employees. Employers, however, shall be required to bargain
collectively with regard to
policy matters directly affecting wages, hours and terms and conditions of employment
as well as the impact thereon upon request by employee representatives.
To preserve the rights of employers and exclusive representatives which
have established collective bargaining relationships or negotiated collective
bargaining agreements prior to the effective date of this Act, employers
shall be required to bargain collectively with regard to any matter concerning
wages, hours or conditions of employment about which they have bargained
for and agreed to in a collective bargaining agreement
prior to the effective date of this Act.
The chief judge of the judicial circuit that employs a public employee who
is
a court reporter, as defined in the Court Reporters Act, has the authority to
hire, appoint, promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly shall
be construed to intrude upon the judicial functions of any court. This
amendatory Act of the 94th General Assembly applies only to nonjudicial
administrative matters relating to the collective bargaining rights of court
reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
Notes of Decisions
Cited in 44
cases (5 in the last 5 years), 1995–2026 · leading case: City of Belvidere v. Illinois State Labor Relations Bd., 692 N.E.2d 295 (Ill. 1998).
City of Belvidere v. Illinois State Labor Relations Bd., 692 N.E.2d 295 (Ill. 1998). “" 5 ILCS 315/4 (West 1994). Accordingly, we must determine whether the City's decision to contract out for paramedic services affects wages, hours and other conditions of the firefighters' employment so as to constitute a mandatory subject of collective bargaining.”
Bd. of Trs. v. Illinois Labor Relations Bd., 862 N.E.2d 944 (Ill. 2007). “) 5 ILCS 315/4 (West 2000). We note that the Educational Act contains a nearly identical provision.”
Off. of the Cook Cnty. State's Attorney v. Illinois Local Labor Relations Bd., 652 N.E.2d 301 (Ill. 1995). “) Wages, hours and other conditions of employment are the only matters over which employers are required to bargain (5 ILCS 315/4, 7 (West 1992)), and the only matters about which public employees, including professional employees, have the right to organize and bargain…”
Jimmy Doe v. Teamsters Local 700, 798 F.3d 558 (7th Cir. 2015). “Citing 5 ILCS 315/4, the judge wrote that collective-bargaining rights must give way, as a matter of Illinois law, when necessary to effec- tive management.”
Bd. of Trs. v. Illinois Labor Relations Bd., 836 N.E.2d 187 (Ill. App. Ct. 2005). “*194 Section 4 of the Act provides, in relevant part, as follows: "Employers shall not be required to bargain over matters of inherent managerial policy, which shall include such areas of discretion or policy as the functions of the employer, standards of services, its overall…”
Fraternal Order of Police v. Illinois Labor Relations Bd., 2011 IL App (1st) 103215 (Ill. App. Ct. 2011). “Section 7 of the Act states that a public employer and the exclusive representative have the authority and the duty “to bargain collectively,” which means the performance of the mutual obligation of the public employer and the representative of the public employees to meet at…”
Cnty. of Cook v. Licensed Practical Nurses Ass'n, 671 N.E.2d 787 (Ill. App. Ct. 1996). “” 5 ILCS 315/4 (West 1992). Section 4 further provides that an employer must "bargain collectively with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact.”
Cnty. of Cook v. Illinois Local Labor Relations Bd., 707 N.E.2d 176 (Ill. App. Ct. 1998). “" 5 ILCS 315/4 (West 1996). Section 3-7001 et seq.”
City of Bloomington v. Illinois Labor Relations Bd., 871 N.E.2d 752 (Ill. App. Ct. 2007). “5 ILCS 315/4 (West 2004). A public employer and the exclusive representative have the duty to bargain collectively.”
Chicago Transit Auth. v. Amalgamated Transit Union, Local 241, 702 N.E.2d 284 (Ill. App. Ct. 1998). “” 5 ILCS 315/4 (West 1996). Section 4 further states that petitioner is required to bargain collectively regarding “policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by employee representatives.”
Cnty. of Cook v. Illinois Labor Relations Bd. Local Panel, 807 N.E.2d 613 (Ill. App. Ct. 2004). “?’ 5 ILCS 315/4 (West 2000). The petitioners argue that this requirement is met because the purpose of the ordinance was “[t]o encourage each Cook County Employee to maintain a personal commitment to a residence in Cook County and to assure all residents that employees share in…”
Forest Preserve Dist. v. Illinois Labor Relations Bd., 861 N.E.2d 231 (Ill. App. Ct. 2006). “” 5 ILCS 315/4 (West 2002). Oftentimes, however, an issue affects both the conditions of employment and management’s inherent authority.”
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