Governor Rauner Seeks to Overturn Fair Share for State Workers
Legal updates
Governor Rauner Seeks to Overturn Fair Share for State Workers
February 10, 2015
On February 9, 2015, Governor Rauner signed an Executive Order under which he directed CMS and all other State agencies to immediately cease enforcement of fair share fee clauses in collective bargaining agreements applicable to State employees, and instead directed such monies to be placed in escrow. Contemporaneously, the Governor filed a Declaratory Judgment action in federal court in the Northern District of Illinois seeking a ruling that such fair share fee clauses violate the First Amendment of the United States Constitution and are therefore unenforceable. According to the Complaint, there are approximately 6,582 out of 46,573 Illinois State employees covered by collective bargaining agreements who have chosen to be nonmembers, “yet are compelled to fund the Unions’ activities under the Fair Share Contract Provisions.”
We are monitoring this matter closely because it has major implications for public employers throughout Illinois. A copy of the Executive Order is available here, and a copy of the federal court complaint is available here. Stay tuned.
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