 The request for that order was filed earlier in November by the union that
represents the workers, SEIU Healthcare Illinois and Indiana.
The union argued the state had failed to make its contributions to the health
fund for home care workers represented by the union. In doing so, the union
argued, the state breached its contractual obligation.
The union said the lack of payments — which the state attributed to a lack of
fiscal year 2016 budget — put the workers in danger of losing their health
insurance after Dec. 31. The workers are eligible to participate in the health
insurance fund by way of the state’s contract with SEIU.
The union said the state owed the fund $1.5 million for fiscal year 2015 and
$11.8 million through October for fiscal year 2016.
In his order filed Wednesday, Circuit Judge Robert P. LeChien agreed and ordered
the state to make all contributions owed through October 2016. He gave the state
10 days to comply. Further, the judge said, the state must make continuing
monthly payments.
LeChien criticized Gov. Bruce Rauner’s administration and the Legislature for
inaction to date.
“This lack of ability of the governor and the General Assembly to perform duties
makes essential services and assistance headed for a chaotic bust,” the judge
wrote. “Payment out of pocket for medical services and medication dooms the
financial survival of employees and their families.”
“While the employees have complied with the CBA (collective bargaining
agreement) in all respects, the fiddle while burning posture of the other
branches of state government provokes the judicial branch to act to preserve the
status quo because it is necessary for the state to secure the financial
stability of the SEIU Health Fund for 2015 and 2016,” LeChien wrote.
SEIU Healthcare Illinois applauded the decision. In a prepared statement,
President Keith Kelleher called the ruling “another major rebuke to Gov. Bruce
Rauner’s extreme agenda and another example of Rauner’s failure in leading and
managing Illinois’ finances, contracts and basic state operations”
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 Asked for its reaction, the Rauner administration replied in an
email:
“Payments could not be made due to a lack of appropriation
authority, which was caused by the failure of the Democratic
majority in the legislature to pass a balanced budget. The state has
been represented by Attorney General (Lisa) Madigan on this matter
and is in the process of complying with the court order.”
Illinois News Network’s request for comment from the comptroller’s
office, also a defendant, was not answered Monday.
The attorney general’s office released the following statement
Monday night:
“As we have repeated for months now, the state is in urgent need of
a responsible, balanced budget that that gives Illinois’ most
vulnerable residents and those who care for them the certainty they
deserve. The governor and members of the General Assembly owe
Illinoisans more than a series of court orders.”
The union’s request for a restraining order was filed in St. Clair
County as part of an existing lawsuit by several unions against the
state, Case No. 15-CH-475. A copy of the temporary restraining order
is available at
http://www.seiuhcilin.org/files/2015/11/15-CH-0475-2015_11_25-ORDER.pdf.
llinois is entering the sixth month of fiscal year 2016 without a
budget as the first-term Republican governor and Democrats who have
supermajorities in both chambers of the General Assembly remain at
impasse.
Rauner and the four legislative leaders are scheduled to meet
Tuesday afternoon in Springfield.
— Illinois News Network Reporter Greg Bishop contributed to this
report.
The Illinois News Network is an independent project of the Illinois
Policy Institute
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