Illinois voters to decide whether to codify collective bargaining

[November 08, 2022]  By Andrew Hensel | The Center Square

(The Center Square) – Supporters say Amendment 1 aims to codify workers' rights in Illinois. Opponents say it will lead to property tax increases across the state. The outcome will be determined by voters in Tuesday's election.

The measure would codify in the state constitution collective bargaining rights for wages, work conditions, and other issues. It has been an essential issue in the Illinois election cycle, leading to candidates choosing sides.

The language of the amendment says, "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, 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."

The measure has been widely criticized by Republicans and business groups who say it will lead to tax increases in a state already assessed among the highest taxes in the nation.

Incumbent Democratic Illinois Comptroller Suzanna Mendoza pushed back on critics at a campaign event Monday in Springfield.

"We need to make sure we stop the misinformation about this nonsense about Amendment 1 raising taxes," Mendoza said. "The only people who believe that are people suffering from 'lieabetes.'"

Opponents claim the measure will block lawmakers from preventing tax increases.

"Should Amendment 1 pass, it could only be changed or repealed via additional constitutional referendum, effectively usurping the power of the State Legislature to make needed changes in the future," Illinois Republican Party Chairman Don Tracy said in a statement. "While we support workers and their right to organize, the Illinois Republican Party opposes the passage of Amendment 1."

Mailee Smith of the Illinois Policy Institute, a group that filed a lawsuit to block the measure, says the amendment violates federal law.

"The state has ventured into the territory of the federal government, and under the supremacy clause of the U.S. Constitution, it cannot do that," Smith said.

Smith went on to say that if the measure does pass, it will be the first of its kind in the country.

"We were seeking to remove the Amendment from the ballot because Illinois taxpayers should not be spending money on a ballot measure that is unconstitutional," Smith said. "There are four provisions of this amendment, and no other state constitution includes any of those provisions, let alone all four."

Labor unions support the amendment. Recently, the AFL-CIO, a group representing union workers from all over the state, urged voters to pass the measure.

"We need mothers, brothers, cousins, girlfriends, whatever. We got to get them to the polls and vote to get the worker's rights amendment passed and elect good Democratic candidates, labor-endorsed candidates who will move this state forward," AFL-CIO president Tim Drea said at a campaign event Monday.

The Illinois Municipal League, a group that advocates for local governments, opposes the measure. In a fact sheet, the IML urged a no vote and said the measure was not needed.

"Illinois already has enacted legislation prohibiting local right-to-work ordinances; a constitutional provision for that purpose is unnecessary," the IML said.

The question requires either three-fifths approval of those voting on the question or a simple majority of all votes cast in the election to be enacted.

Andrew Hensel has years of experience as a reporter and pre-game host for the Joliet Slammers, and as a producer for the Windy City Bulls. A graduate of Iowa Wesleyan University and Illinois Media School, Andrew lives in the south suburbs of Chicago.