Major Change In Collective Bargaining

For years Illinois public employers and unions representing public-sector employees have been, at times, quick to reach a bargaining “impasse” for the purpose of moving bargaining to mediation.

Under Section 17 of the Illinois Public Labor Relations Act (the “Act”), mediation is a prerequisite for a public-sector union to be able to strike.[1] Under Section 14 of the Act, mediation is a required prerequisite for peace officers, correctional officers, firefighters, or paramedics to be able to participate in interest arbitration.[2] The sooner a union requests mediation, the sooner they can apply pressure on the employer with the threat of a strike or the possibility of interest arbitration.

Statutory Default for Public Sector Mediation

Section 12 of the Act requires the Illinois Labor Relations Board (“ILRB”) to maintain a Public Employees Mediation Roster for the public employers and unions.[3] Under Section 12 of the Act, “a mediator in a mediated labor dispute shall be selected by the Board  from along the members of the Roster.”[4] Additionally, the costs of a mediator proved by the ILRB are paid equally by the employer and the union.

Farewell to Free Mediation for Public Employers

The Federal Mediation and Conciliation Service (“FMCS”) provided mediators for no cost. That is why for years public sector employers and unions have utilized FMCS for mediation when the parties reach an impasse in bargaining.

On March 14, 2025, President Donald J. Trump issued an executive order requiring FMCS to reduce their services to only those within their statutory mandate. FMCS is statutorily mandated to provide mediation services to private sector employers but not to public sector employers. FMCS has told public sector employers and public sector unions that, effective March 18, 2025, FMCS will no longer be providing free mediation services to public sector employers and that any pending mediations must be resolved by April 18, 2025.

How Does This Affect Public Employers in Illinois?

The short-term effect: Employers and unions are racing to get all bargaining currently in mediation rescheduled and resolved by April 18, 2025. This is going to force parties to make decision about what is really important and do it quickly.

The long-term effect: Employers and unions are going be more hesitant to declare an impasse and go to mediation. Generally, it has not cost a Union any money to go to mediation. Now it will.

The Mediators/Arbitrators on the ILRB’s Panel charge anywhere from a $1,800 a day for mediation to almost $600.00 per hour! Additionally, there are cancellation fees, travel costs, and docketing fees that could come into play. With the majority of Mediators/Arbitrators being located in the Greater Chicago Metropolitan Area, the cost of mediation will be higher the farther South or Westa Mediator/Arbitrator must travel.

Advice?

As I have always believed, having an experienced advocate on your side helps. It will be more important than ever to set realistic expectations and prioritize what employers want to see in their collective bargaining agreement.

If you want an experienced attorney to help you negotiate a collective bargaining agreement, please reach out to me. I am always willing to help employers with their labor issues.

[1]     5 ILCS 315/17(a)(4).

[2]     5 ILCS 315/14(a).

[3]     5 ILCS 315/12. The Public Employees Mediation Roster is available on the ILRB’s website here.

[4]     5 ILCS 315/12(a).