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 State lawmakers this spring passed Senate Joint Resolution
Constitutional Amendment 11, a proposal to change the Illinois Constitution and
increase government union powers that voters will be asked to decide Nov. 8,
2022.
Proponents have dubbed this the “Workers’ Rights Amendment” and claim it will
only serve to place in the constitution a ban on right-to-work. Right-to-work is
a guarantee that individuals can earn a living without being compelled to join a
union. However, the text of the amendment is much broader than simply banning
right-to-work.
The text of SJRCA 11 has a limited impact on private-sector employees, because
federal law governs most of their union powers. The greater potential is for it
to impact Illinois’ government unions if approved in November 2022, guaranteeing
unchecked public union power in Illinois that translates into higher costs to
taxpayers.
Government union implications
What it does:
Creates a “fundamental right” to collective bargaining, and nothing can
“interfere with, negate, or diminish” the right to collectively bargain.
Creates a “fundamental right” to negotiate over wages, hours, working
conditions, economic welfare and safety – a virtually limitless array of
subjects. And again, nothing can interfere, negate or diminish that right.
Lawmakers could never pull back on these rights. Government unions will have the
right to bargain over any and all subjects for perpetuity.
Collective bargaining agreements will carry the weight of the state
constitution. Section 15 of the Illinois Public Labor Relations Act guarantees
that collective bargaining agreements override state or local law when there is
a conflict between provisions. Union leaders will be able to override any state
law by bargaining provisions into the contracts and have the backing of the
labor act plus the backing of the Illinois Constitution. This does not apply to
public-sector education workers because
they are governed by a different law, the Illinois Educational Labor Relations
Act, which does not have a similar provision.
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The language is vague and undefined, allowing for a
number of harmful interpretations.
Examples of the excessive nature of the amendment:
○ Unions such as the Chicago Teachers Union will argue they have the
right to bargain over anything, such as rent abatement and defunding
the police. That increases the likelihood of strikes: when there are
more subjects over which to bargain, there is a higher likelihood of
disagreement, impasse and a strike.
○ Police unions will be guaranteed the right to negotiate over
investigation and disciplinary procedures when officers are accused
of misconduct, preventing potential police reforms.
○ Lawmakers cannot pull back on anything currently in state law,
such as the right to strike, because it would be seen as diminishing
a right to bargain.
○ Taxpayers will be locked into paying for the costly provisions
that arise out of the contracts bargained for under this amendment.
What it doesn’t do:
It does not affect “right-to-work” for public employees. State and
local government workers’ freedom to determine for themselves
whether to belong and pay dues to a union is guaranteed by the U.S.
Supreme Court’s Janus v. AFSCME decision.
Private-sector implications
What it does:
The amendment would ban right-to-work in the Illinois Constitution.
It would stop the state from guaranteeing private employees the
freedom to decide whether to join a union – a right available to
workers in 27 other states, including all of Illinois’ neighbors
except Missouri.
It would be the first state constitutional amendment of its kind. No
other state bans right-to-work in its constitution.
What it does not do:
There are no other implications for the private sector because
federal law governs labor relations in this space. This amendment
takes advantage of the one carve-out that allows states to determine
the status of right-to-work.
Amendment passage
This amendment faces the same threshold for passage at the ballot
box as the progressive
income tax amendment voters rejected in November 2020 – a simple
majority of all Illinoisans voting in the election or 60% of those
voting on the ballot question. Click here for an explanation of the
votes required to pass a state constitutional amendment.
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