Do All Illinois Public Employees Have Interest Arbitration?

Like any legal question, it depends. Certain public employees in Illinois have access to interest arbitration, depending on their job classification and the applicable laws.

Interest arbitration is a process where a neutral third party resolves disputes over the terms of a new collective bargaining agreement when the employer and employees (or their union) cannot reach an agreement. Interest arbitration is sometimes called contract arbitration. It is not the same as grievance arbitration.

Under the Illinois Public Labor Relations Act (IPLRA) (5 ILCS 315/), interest arbitration is mandatory for specific groups of public employees who are prohibited from striking, such as:

1. Peace officers, firefighters, and security employees: These "protective services" employees (e.g., police officers, firefighters, paramedics, and corrections officers) do not have the right to strike due to the critical nature of their roles in public safety. Instead, the IPLRA provides for compulsory interest arbitration to resolve bargaining impasses (Section 14 of the Act). This ensures that disputes over wages, hours, and working conditions are settled without disrupting essential services.
2. Non-public safety employees in smaller units (first contracts): Since January 1, 2010, Public Act 96-0598 amended the IPLRA to extend interest arbitration to non-public safety bargaining units with fewer than 35 employees, but only for negotiating their first collective bargaining agreement. After mediation fails and 30 days have passed, either party can request interest arbitration. However, unlike protective services employees, these workers retain the right to strike until the arbitration process begins.

For other public employees not covered by these provisions (e.g., non-safety employees in larger units or those negotiating successor contracts), interest arbitration is not automatically available. In traditional bargaining, if an impasse is reached, these employees may strike (if permitted) or the employer may implement its last, best offer, without a mandated arbitration process.

So, whether public employees in Illinois have interest arbitration depends on their specific category and circumstances. Protective services employees always have it, smaller non-safety units get it for first contracts, and others generally do not unless mutually agreed upon.