(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.)
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