LABOR RELATIONS-REFUSE BARGAIN
One of the significant implications of SB2430 is the introduction of make-whole relief, which authorizes the Board to mandate consequences such as front pay and consequential damages for violations of the act. This can potentially shift the risk associated with bargaining failures onto employers, who may now face greater financial liabilities if found guilty of unfair practices. Additionally, this amendment empowers the Board with the option to order impasse arbitration, which can provide a path to resolution for disputes that would otherwise stall negotiations between public sector labor organizations and employers.
SB2430 is an amendment to the Illinois Public Labor Relations Act, specifically targeting the procedures surrounding unfair labor practices and collective bargaining. It defines 'unfair labor practices' more precisely and establishes the role of the Illinois Labor Relations Board in investigating such claims, determining the severity of violations, and whether they suffice to undermine the collective bargaining process. The bill emphasizes that a good faith effort is required from both parties during negotiations, setting the stage for more structured dealings between public employers and labor organizations.
While proponents of SB2430 argue that the added protections and structures will enhance labor relations and ensure fair treatment of public employees, critics raise concerns about the potential for increased litigation and financial strains on public employers. There are fears that this legislation could encourage frivolous claims or disputes, thus complicating the already complex labor relations landscape. The introduction of liquidated damages for employers who do not comply with the Board's orders, unless they can prove good faith compliance, is particularly contentious and could lead to further polarizations in labor negotiations.