 The American Federation of State, County and Municipal Employees – the union
representing approximately 35,000 state workers in Illinois – announced on Feb.
23 that its members had voted to authorize a strike.
To help ensure that state operations continue to run smoothly in the event of an
AFSCME strike, the state launched a new website that streamlines the application
process for temporary workers. Located at statejobs.illinois.gov, the one-page
form allows applicants to fill in basic contact information, county preferences
and job category preferences.
Under Illinois law, the state is free to temporarily replace striking workers
should AFSCME call a strike. And depending on the type of strike, those
temporary replacements could become permanent. Unfortunately for state workers
contemplating a strike, AFSCME has been less than forthright with its members on
the potential impact those replacement workers could have on striking employees’
careers.
For those AFSCME members not wanting to risk their jobs, there is a way to
continue working without fear of union punishment. They can become fair share
payers and cross the picket line.
Temporary workers could become permanent
The state can hire temporary replacement workers to ensure state operations
continue. In its press release announcing the streamlined application process,
Gov. Bruce Rauner’s office explained that the website provides “a way for state
agencies to efficiently identify those who could work on a temporary basis.”
But union members who go on strike risk losing their jobs – perhaps permanently.
Whether a striking worker can be permanently replaced depends on what kind of
strike is taking place. In general, there are two types of strikes: unfair labor
practice strikes and economic strikes. For example, a strike protesting unsafe
working conditions would be considered an unfair labor practice strike. On the
other hand, a strike intended to force an employer to pay higher wages would be
considered an economic strike. As such, an AFSCME strike would likely fall in
the economic strike category.
Typically, workers participating in an unfair labor practice strike cannot be
permanently replaced. The employer can hire temporary replacement workers in
order to maintain operations, but the state would have to reinstate striking
employees when the strike is resolved.
[to top of second column] |
 But employees participating in an economic strike – such as one
in which workers are demanding higher wages – could be permanently
replaced. Replacement workers hired by the state to maintain
operations during the strike would be able to remain in those
positions, even when the economic strike ended.
This means there might be no available positions for returning
workers after a strike. A striking worker would be added to a
preferential hiring list, but there’s no guarantee such an opening
would occur in any particular timeframe.
The governor’s office has indicated it would consider making those
replacement workers permanent: “Although individuals would be hired
on a temporary basis in response to the strike, the State would then
begin taking the steps necessary to fill positions permanently.”
The union has not been forthright with its members about the
implications of replacement workers
The union routinely skirts the serious implications of replacement
workers when communicating with its members.
For example, in a document entitled “Q&A: Strike Authorization
Vote,” the union addresses several questions related to a potential
strike. Two questions involve the state’s ability to replace
striking workers.
Instead of acknowledging the legal ability of the state to replace
workers, AFSCME focuses on the practical ability of the state to
replace workers. The union claims, “The Administration could not
replace even a small fraction of 28,000 skilled, knowledgeable, and
dedicated employees.”
The union never admits to its members that the state is free to hire
temporary – and perhaps even permanent – workers.
The union should be upfront with its members and tell them the state
is free to legally replace striking workers. Failing to relay this
fact means AFSCME could be sending its workers on strike without
giving them accurate information to weigh the serious decision of
whether to strike.
And now that the state has taken steps to streamline the application
process for replacement workers, the state’s legal right to replace
workers has become a very real practical possibility.
Click here to respond to the editor about this article
|
