Bill
SB 1812
Expands public labor board power to grant make-whole relief and imposes liquidated damages on public employers for unfair labor practices, boosting remedies for unions.
Status: Introduced in 2025; ultimately indefinitely postponed and did not become law (Indefinitely postponed 2025-05-03; died in Environment & Natural Resources 2025-06-16).
Summary
This bill would have amended the Illinois Public Labor Relations Act by adding a new Section 11.5 to expand the Illinois Labor Relations Board’s (Board) remedial powers and to create an automatic liquidated-damages exposure for certain unfair labor practices by public employers.
Purpose / Intent
To strengthen remedies available to public-sector employees and labor organizations for injuries caused by employer unfair labor practices—particularly serious refusals to bargain in good faith—and to deter such practices by creating potential additional monetary liability for employers.
Key provisions
- New statutory section: 5 ILCS 315/11.5 (Make‑whole relief).
- Expanded Board authority: The Board (or the relevant panel) may order “make‑whole” relief for injuries suffered by employees or labor organizations because of an unfair labor practice. Make‑whole relief may include, but is not limited to:
- Consequential damages; and
- Front pay.
- Consideration for serious bargaining violations: When assessing appropriate relief for violations of paragraph (4) of subsection (a) of Section 10 (refusal to bargain in good faith) that are serious enough to have frustrated the Act’s purposes or significantly impacted collective bargaining, the Board must consider the factors that would normally determine the outcome of collective bargaining if bargaining had been conducted in good faith.
- Liquidated damages for violators: Employers who commit unfair labor practices under subsection (a) of Section 10 would be subject to liquidated damages equal to any monetary make‑whole relief ordered by the Board—unless the employer proves it acted in good faith and had reasonable grounds to believe it was complying with the Act.
Who would be affected
- Public employers covered by the Illinois Public Labor Relations Act.
- Public-sector employees and recognized labor organizations (unions) in Illinois, who could obtain broader monetary relief for injuries caused by unfair labor practices.
- The Illinois Labor Relations Board, whose remedial authority and analytical duties would be expanded.
- Potential fiscal exposure for state and local public employers (increased potential awards/liability).
Procedural and timeline notes
- Bill introduced in early 2025 (filed and read in the Senate; sponsor changes occurred — chief sponsor changed to Sen. Graciela Guzmán; Sen. Ram Villivalam added as chief co-sponsor).
- Referred to multiple committees (Assignments; Environment & Natural Resources; Health & Human Services; Appropriations; Fiscal Policy).
- Indefinitely postponed and withdrawn from consideration on 2025-05-03 and later listed as having died in committee (Environment & Natural Resources) on 2025-06-16.
- Because the bill did not advance out of committee, its provisions were not enacted.
Potential impact
- If enacted, public employers could face greater monetary liability for serious unfair labor practices, encouraging good‑faith bargaining and potentially increasing settlements or awards to employees/unions.
- Could raise budgetary/fiscal concerns for public employers (exposure to consequential damages, front pay, and liquidated damages) and might increase litigation or Board proceedings to resolve and quantify such claims.
Compiled from official sources — confirm details with the bill’s official record.
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