The makeup of your collective bargaining team can have a huge impact on your success in negotiations. Board members can offer valuable input into the negotiations process, especially since restrictions from the Open Meetings Act (OMA) do not apply to certain labor management actions under both the Illinois Education Labor Relations Act (IELRA) and the Illinois Public Labor Relations Act (IPLRA). 5 ILCS 315/24; 115 ILCS 5/18.

Under both the IPLRA and the IELRA, OMA provisions do not apply to collective bargaining negotiations and grievance arbitrations. Further, a 2019 amendment to the IELRA added the phrase “including negotiating team strategy sessions” to expand the definition of collective bargaining negotiations. While this expansion does not currently exist under the IPLRA, the word “including” in the IELRA would allow the Labor Board to read this definition as inclusive in the IPLRA.

This provision of the labor acts allows public employers to communicate more effectively and more frequently with board members and stakeholders without the risk of stepping on the line of OMA or needing to call a special meeting. This provision can save significant time and resources, especially when collective bargaining issues become more time-sensitive.

For more information about this article, please contact Tressler attorney Katie Ngo at kngo@tresslerllp.com.

About the Author

Katie is senior counsel in Tressler’s Local Government Practice Group. She concentrates her practice in school law, traditional labor law, employee relations, and employment discrimination law for public sector clients. Click here to read Katie’s full attorney bio.