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 Election Day is nearly here and the political
messages keep coming about the “Workers’ Rights Amendment.” Too bad those
pushing it are still spreading three myths about the proposal atop the Nov. 8
ballot.
Here are the most-often repeated myths, followed by the truths Illinoisans need
to know before voting on Amendment 1.
Myth: The rights created by Amendment 1 apply to all workers
Fact: The rights created by Amendment 1 cannot apply to private-sector workers
The language in Amendment 1 appears to apply to all “employees” in Illinois –
both in the private and public sectors.
But the National Labor Relations Act governs private-sector collective
bargaining nationwide. Anytime the federal government occupies a space, it
preempts state laws that would attempt to do so.
Even the amendment’s sponsor in the Illinois Senate said it could not apply to
the private sector.
State Sen. Ram Villivalam, D-Chicago, said: “As the Members of the house should
be aware, the National Labor Relations Act governs organizing and collective
bargaining in the private sector and, as such, preempts any direct State
regulation of the subject. Therefore, as federal law stands today, labor –
excuse me, therefore, as federal labor law stands today, the Amendment could not
apply to the private sector.”
The U.S. Supreme Court has already made it explicitly clear that the NLRA
precludes states such as Illinois from providing rights or regulating
unionization in the private sector: “States may not regulate activity that the
NLRA protects, prohibits, or arguably protects or prohibits.”
Because the federal government already regulates collective bargaining in the
private sector, Illinois cannot do so through Amendment 1.
That means the “fundamental right” it creates for “employees” is really only for
government workers in Illinois, which make up just 7% of the state’s adult
working population.
The only part of Amendment 1 that could apply in the private sector is the last
provision, which bans laws that would allow private-sector union workers to
decide for themselves whether to join or pay a union. But that provision is a
restriction on – not a right granted to – private-sector union workers, and it
bucks the trend of the majority of states.
Myth: Three other state constitutions have provisions like Amendment 1
Fact: No states have any provisions like those in Amendment 1
Proponents claim other state constitutions, such as Hawaii, Missouri and New
York include collective bargaining provisions similar to Amendment 1. All it
takes is a quick review of the language in those state constitutions to see
proponents are not being forthright in their claims:
Hawaii, Art. XIII:
Private employees
Section 1. Persons in private employment shall have the right to organize for
the purpose of collective bargaining.
Public employees
Section 2. Persons in public employment shall have the right to organize for the
purpose of collective bargaining as provided by law.
Missouri, Art. 1, Sec. 29
Organized labor and collective bargaining – The employees shall have the right
to organize and bargain collectively through representatives of their own
choosing.
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New York, Art. 1, Sec. 17
Employees shall have the right to organize and to bargain collectively through
representatives of their own choosing.
Compare that to the language in Amendment 1:
(1) Employees shall have the fundamental right to organize and to bargain
collectively through representatives of their own choosing (2) for the purpose
of negotiating wages, hours, and working conditions, and to protect their
economic welfare and safety at work. (3) 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 workplace safety, (4) including any law or ordinance that
prohibits the execution or application of agreements between employers and labor
organizations that represent employees requiring membership in an organization
as a condition of employment. (Numbering added).
No states have any of these provisions, let alone all four.
In fact, Hawaii includes a phrase – “as provided by law” – giving deference to
state lawmakers. Amendment 1 does the opposite, prohibiting lawmakers from
acting (No. 3 above).
Myth: Amendment 1 will help our economy
Fact: Amendment 1 will drive up taxes and drive out business
Government union contracts already cost taxpayers money. Example: the total
annual cost of the previous Chicago Teachers Union contract was $2.6 billion in
its final year, according to the Chicago Tribune.
But Amendment 1 broadens the demands government unions could make beyond wages
and benefits to include undefined new subjects such as “economic welfare.” Those
increased demands mean government contracts would cost even more money.
And that means taxpayers would be stuck in an endless feedback loop of higher
government costs and rising taxes if Amendment 1 passes in November.
Illinoisans are already facing financial hardships. We have the second-highest
property taxes in the nation. We lead the nation in foreclosures.
And we already have a reputation for being one of the worst places in the nation
to do business. That has been evidenced by major companies, such as Caterpillar,
Boeing, Citadel, FTX, Highland Ventures and Tyson announcing moves to more
business-friendly states this year. Research shows the contracts negotiated by
state government unions have hurt our economy and cut job creation.
What Illinoisans need is relief. Not more taxes.
While the rights created in the amendment apply to just 7% of the state’s adult
working population, the taxes it necessitates will hit everyone.
The rights created don’t apply to the vast majority of Illinoisans. No other
state has tried it. And it will drive up taxes and hurt our economy.
And that means it will hurt far more people than it could ever help if it were
to pass on Nov. 8.
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