ILCS » Chapter 5 · Act 315

5 ILCS 315/8

Grievance Procedure

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(5 ILCS 315/8) (from Ch. 48, par. 1608)
    Sec. 8. Grievance Procedure. The collective bargaining agreement negotiated between the employer and the exclusive representative shall contain a grievance resolution procedure which shall apply to all employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any agreement containing a final and binding arbitration provision shall also contain a provision prohibiting strikes for the duration of the agreement. The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Illinois "Uniform Arbitration Act". The costs of such arbitration shall be borne equally by the employer and the employee organization.
(Source: P.A. 83-1012.)

    
Notes of Decisions
Cited in 49 cases (4 in the last 5 years), 1995–2025 · leading case: State of Illinois Department of Central Management Services v. State of Illinois Labor Relations Board
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State of Illinois Department of Central Management Services v. State of Illinois Labor Relations Board (2007) illappct · cites it 4× “See 5 ILCS 315/8 (West 2002) (bargaining agreements that contain no-strike clauses must also contain grievance-arbitration provisions).”
City of Rockford v. Unit Six of the Policemen's Benevolent & Protective Ass'n (2004) illappct · cites it 5× “See 5 ILCS 315/8 (West 2000) (“The collective bargaining agreement negotiated between the employer and the exclusive representative shall contain a grievance resolution procedure which *** shall provide for final and binding arbitration of disputes concerning the administration…”
Casanova v. City of Chicago (2003) illappct · cites it 2× “Our supreme court has determined that under section 8 and section 16 of the Labor Act (5 ILCS 315/8, 16 (West 1996)), only parties to a collective bargaining agreement, such as bargaining representatives and employers, may bring suit in a circuit court to vacate an arbitral…”
Department of Central Management Services v. American Federation of State, County & Municipal Employees (1998) ill · cites it 2× “Pursuant to section 8 of that statute (5 ILCS 315/8 (West 1994)), the grievance and arbitration provisions of the collective-bargaining agreement were subject to the Illinois Uniform Arbitration Act (710 ILCS 5/1 et seq.”
Stahulak v. City of Chicago (1998) ill · cites it 2× “They argue that Stahulak lacked standing to bring this suit based on sections 8 and 16 of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/8, 16 (West 1996)). This argument is well taken.”
American Federation of State, County & Municipal Employees v. Schwartz (2003) illappct · cites it 2× “(West 2002)) and sections 8 and 16 of the Illinois Public Labor Relations Act (5 ILCS 315/8, 16 (West 2002)). AFSCME alleged that CMS’s actions to implement a statewide one-day furlough program violated the terms of the parties’ collective bargaining agreement (Agreement).”
City of Chicago v. Fraternal Order of Police, Chicago Lodge No. 7 (2020) ill “5 ILCS 315/8 (West 2016). In other words, in furtherance of the General Assembly’s stated public policy supporting collective bargaining and final and binding arbitration procedure, public sector employees give up their right to strike.”
Department of Central Management Service v. American Federation of State, County & Municipal Employees (1998) illappct · cites it 3× “” 5 ILCS 315/8 (West 1994). Section 12(b) of the Act provides “[a]n application under this Section shall be made within 90 days after delivery of a copy of the award to the applicant,” unless the award was procured by “undue means” (710 ILCS 5/12(b) (West 1994)), which is not…”
County of Cook v. Illinois Fraternal Order of Police Labor Council (2005) illappct “…the grievance and arbitration provisions of any collective-bargaining agreement are subject to the Arbitration Act. 5 ILCS 315/8 (West 2002).”
Illinois Fraternal Order of Police Labor Council v. Town of Cicero (1998) illappct · cites it 2× “The court then observed that section 8 of the Act adopted the same sort of preference for grievance arbitration in the public sector: “The collective bargaining agreement negotiated between the employer and the exclusive [bargaining] representative shall contain a grievance…”
Stahulak v. City of Chicago (1997) illappct · cites it 2× “See 5 ILCS 315/8, 16 (West 1996). Section 16 of the Act provides that, after an arbitration mandated by a CBA, suits alleging breach of the CBA may be brought by the parties to the CBA.”
Cessna v. City of Danville (1998) illappct “Under section 8 of the Act (5 ILCS 315/8 (West 1994)), the grievance and arbitration provisions of the Agreement are subject to the Uniform Arbitration Act (710 ILCS 5/1 through 23 (West 1994)) and, once grievance procedures mandated by a collective-bargaining agreement are…”
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