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 More than 1,100 children have died under the watch of the Illinois Department of
Children and Family Services during the past 11 years, including 5-year-old AJ
Freund, who in 2019 was found in a shallow grave despite 10 DCFS hotline calls
about his mother.
But Amendment 1, set to appear on the Nov. 8, 2022, ballot, would undermine 11
different provisions in state law designed to protect Illinois children such as
AJ – including mandatory background checks for DCFS workers and employment bans
on adults deemed “sexually dangerous” by the state.
And it could make improving DCFS and its ability to ensure the safety of
children even harder, even if the General Assembly revised current law to
require new training or evaluations of employees.
That’s because Amendment 1 would allow unions to demand anything in negotiations
– wages, hours, conditions of employment, economic welfare and safety – without
any limitations.
What’s more, Amendment 1 would give union leaders the permanent ability to
override state laws through collective bargaining agreements – including
provisions in the Children and Family Services Act.
The Children and Family Services Act is just one of many acts in Illinois
statutes governing DCFS.
Among its various provisions are laws aimed at accomplishing DCFS’ mission of
protecting “children who are reported to be abused or neglected and to increase
their families’ capacity to safely care for them; provide for the well-being of
children in our care; [and] provide appropriate, permanent families as quickly
as possible …”
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That includes Section
5(z), which requires DCFS to acquire “background information” on all
its employees, and Section 11.1, which prohibits employment of
anyone declared a “sexually dangerous” person.
It also includes Section 34.3, which requires DCFS to review cases
to determine whether caseworkers appropriately “identified and
addressed actual or potential drug or alcohol abuse problems of
clients.”
But Amendment 1 would
allow union contracts to contradict and override these provisions.
For example, the union representing DCFS workers could demand a
contract provision prohibiting the state from performing background
checks or from reviewing employees’ work – under the auspices that
such provisions relate to a “condition of employment.” If the state
doesn’t go along, the union could call a strike.
While the Illinois Public Labor Relations Act already explicitly
allows union contracts to override state law in this way, Amendment
1 would make this a permanent right. Lawmakers would never be able
to take back control from union leaders.
That’s because Amendment 1 also prohibits lawmakers from putting any
limitations on what subjects can be negotiated into contracts. It
explicitly states, “No law shall be passed that interferes with,
negates, or diminishes the right of employees to organize and
bargain collectively over their wages, hours, and other terms and
conditions of employment and work place safety. …”
In other words, Amendment 1 places government union power to
negotiate DCFS employee contracts above state law and lawmakers’
authority.
And unfortunately for the state’s youth, Amendment 1 would allow
union demands to permanently replace what is best for children such
as AJ. |
