 But the constitutional separation of powers may keep lawmakers from
forcing Gov. Pat Quinn's hand in the next state budget.House
Speaker Mike Madigan, D-Chicago, earlier this week grabbed headlines
and attention statewide with a proposal that would give the
Legislature a role in future contract negotiations with the American
Federation of State, County and Municipal Employees, or AFSCME,
which has 41,000 members, and other unionized public workers,
including members of the International Brotherhood of Electrical
Workers and Service Employees International Union.
"We can stand on the sidelines, let those people go off and do
what they do, and send us a bill, or we can interject ourselves now
and be present through the negotiations so that our position is
known and understood," Madigan said Tuesday.
Because Quinn alone has the constitutional power to negotiate and
sign union contracts, Madigan's nonbinding resolution could not
force the governor to include lawmakers.
But Madigan wields extraordinary power over the budget process,
and past nonbinding resolutions have been taken seriously.
The speaker introduced a similar resolution last spring. In this
case, Madigan set a $33.2 billion cap on the fiscal 2012 budget.
Quinn wanted a budget closer to $36 billion. Ultimately, the state's
spending plan came to $33.9 billion.
Madigan on Tuesday did not offer specifics on the amount Quinn
should authorize in the union contracts; instead, he said lawmakers
will come up with a figure in the coming months.
But he said Quinn could not sign another "no-layoff" pledge.
"It shall be the policy of the state of Illinois that the size
of, or a reduction in, the state employee workforce shall not be a
topic of collective bargaining," Madigan told lawmakers Tuesday on
the floor of the Illinois House.
During his re-election bid 2010, Quinn signed a no-layoff,
no-closure deal with AFSCME that was supposed to last through 2012.
But, in late June, just as the new budget was to take effect, the
governor canceled raises for 30,000 unionized state workers. Quinn
said lawmakers did not provide enough money for the raises in the
state budget.
Then three months later, in September, Quinn proposed closing
seven state facilities and eliminating 1,900 jobs, despite the
"no-layoff" agreement and because the state lawmakers did not
approve enough funding.
Henry Bayer, executive director of AFSCME Council 31, said the
union immediately sued on both accounts.
A judge sided with Quinn on the pay raises, saying the governor
cannot spend money he does not have. AFSCME is appealing.
An arbitrator, however, has sided with the union on the closings,
saying Quinn's plan violates the 2010 "no-layoff" agreement. The
governor's office is appealing that ruling.
Bayer said he expects push-back to Madigan's resolution as well.
"I think it's an attempt to scapegoat public employees," said
Bayer. "Employee salaries are a small fraction of the overall state
budget."
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Illinois' 2012 state budget calculates employee salary data on an
agency-by-agency basis, making it difficult to confirm Bayer's
statement. Kelly Kraft, the governor's budget spokeswoman, did not
have a figure readily available Wednesday on how much Illinois is
spending on employee salaries.
Bayer said Madigan's proposal combined with Quinn's moves to
close facilities and lay off workers are "starting negotiations on
the wrong foot." AFSCME will start renegotiating its contract in the
coming weeks. The current agreement expires at the end of the fiscal
year in June.
Quinn's office does not appear worried about the tone of
Madigan's resolution or the tone of union negotiations.
Brooke Anderson, a spokeswoman for the governor, called Madigan's
resolution "an interesting suggestion" and declined to say what role
the Legislature may play in union talks.
"There will be many challenges confronting the state as we begin
collective-bargaining negotiations," Anderson said.
State Rep, David Harris, R-Arlington Heights, said Madigan's
resolution should not be ignored, but it is only a suggestion.
"It's a resolution. It's not binding someone's hands," Harris
said. "But at the same time, I think we're sending a pretty clear
message."
Jim Nowland, former legislator and current fellow at the
University of Illinois' Institute of Government and Public Affairs,
said the message is crystal clear.
"I think the speaker is asserting the role of Legislature in the
collective bargaining process, which at times is not a fair
process," Nowland said. "The problem with the executive doing the
bargaining is that you have the fox guarding the henhouse."
Nowland said a governor could benefit from a cozy negotiation
with public-sector unions, especially during an election cycle.
Quinn has the full power to negotiate with unions and sign
contracts, so Harris said the Legislature will have to walk a fine
line between making its will known and not overstepping its bounds.
"We have to be aware of the constitutional capability of the
governor to negotiate contracts. I'm not sure that we're crossing a
line here, but I think very clearly the speaker is sending a
message," Harris added.
[Illinois
Statehouse News; By BENJAMIN YOUNT]
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