Illinois Compiled Statutes
5 ILCS 315/7 (2026)
Duty to bargain
✓ current as of May 2026
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(5 ILCS 315/7)
(from Ch. 48, par. 1607) Sec. 7. Duty to bargain. A public employer and the exclusive representative have the authority and the duty to bargain collectively set forth in this Section. 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 conditions 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 representative 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 under the Home Services Program shall be limited to the terms and conditions of employment 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 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. 104-358, eff. 8-15-25.) Notes of Decisions
Cited in 70
cases (4 in the last 5 years), 1995–2024 · 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 315/7 (West 1994). Thus, pursuant to this section of the Act, an employer has a duty to bargain over issues which affect "wages, hours, and other conditions of employment.”
AFM Messenger Serv., Inc. v. Dep't of Emp. Sec., 763 N.E.2d 272 (Ill. 2001). “” 5 ILCS 315/7 (West 1994). Thus, whether the city was obligated to bargain over this matter turned on whether the city’s decision to contract out for paramedic services affected the “wages, hours and other conditions” of the firefighters’ employment.”
City of Markham v. State & Mun. Teamsters, 701 N.E.2d 153 (Ill. App. Ct. 1998). “(West 1996)); (2) whether section 7 of the Illinois Public Labor Relations Act (the Act) (5 ILCS 315/7 (West 1996)) exempts the City from any duty to bargain collectively over subject matter contained in the Code; (3) whether the award is invalid as a matter of law; and (4)…”
Vill. of North Riverside v. Illinois Labor Relations Bd., 2017 IL App (1st) 162251 (Ill. App. Ct. 2017). “Furthermore, the enclosed “notice of collective bargaining termination,” purportedly issued pursuant to section 7 of the Act (5 ILCS 315/7 (West 2014)), informed the Union that the CBA “and all of its 1 In October 2014, the Director of the Illinois Department of Insurance found…”
Jimmy Doe v. Teamsters Local 700, 798 F.3d 558 (7th Cir. 2015). “Illinois requires public employers to engage in collective bargaining with unions, 5 ILCS 315/7, and it requires arbitration if an employer of “security employees” cannot reach agreement with their union, 5 ILCS 315/14.”
Vill. of North Riverside v. Illinois Labor Relations Bd., 2017 IL App (1st) 162251 (Ill. App. Ct. 2017). “The Village argues that an employer's tender of termination notice under section 7 of the Act (5 ILCS 315/7 (West 2014)) negates any obligation for the employer to maintain the status quo through the conclusion of interest arbitration under section 14 (5 ILCS 315/14 (West 2014)).”
Admin. Off. of the Illinois Courts v. State & Mun. Teamsters, Chauffeurs & Helpers Union, Local 726, 657 N.E.2d 972 (Ill. 1995). “” (5 ILCS 315/7 (West 1992).) Section 4’s management rights provision exempts from the roster of mandatory subjects of bargaining "matters of inherent managerial policy, which shall include such areas of discretion or policy as the functions of the employer, standards of…”
Skokie Firefighters Union v. The Illinois Labor Relations Bd., 2016 IL App (1st) 152478 (Ill. App. Ct. 2016). “See 5 ILCS 315/7 (West 2012); 5 ILCS 315/14 (West 2012).”
Cnty. of Cook v. Illinois Local Labor Relations Bd., 707 N.E.2d 176 (Ill. App. Ct. 1998). “" 5 ILCS 315/7 (West 1996). However, under section 4 of the Labor Act, an employer is not required to bargain collectively over: "matters of inherent managerial policy, which shall include such areas of discretion or policy as * * * selection of new employees, examination…”
Matthews v. Chicago Transit Auth., 2016 IL 117638 (Ill. 2016). “5 ILCS 315/7, 10(a) (West 2014). ¶ 72 The ultimate purpose of a CBA is to express the common understanding of the terms and conditions of employment.”
City of Collinsville v. Illinois State Labor Relations Bd., 767 N.E.2d 886 (Ill. App. Ct. 2002). “Section 7 of the Act (5 ILCS 315/7 (West 1998)) places a duty on the parties to execute a written contract “incorporating any agreement reached if requested by either party.”
City of Bloomington v. Illinois Labor Relations Bd., 871 N.E.2d 752 (Ill. App. Ct. 2007). “5 ILCS 315/7 (West 2004). An employer commits an unfair labor practice if the employer or its agent (1) interferes with, restrains, or coerces public employees in the exercise of the rights guaranteed in the Act; or (2) refuses to bargain collectively in good faith with a labor…”
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