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Labor and Employment Law Alert - Illinois Governor Issues Executive Order Ending Non-Unionized State Workers’ “Fair Share” Fees

February 11, 2015   |   Atlanta | Chicago | Columbus | Delaware | Elkhart | Fort Wayne | Grand Rapids | Indianapolis | Los Angeles | Minneapolis | South Bend

On Feb. 9, newly elected Illinois Governor Bruce Rauner issued an executive order ending a requirement that non-unionized state workers pay “fair share” union dues. Governor Rauner estimates that of the 46,573 state workers covered by collective bargaining, approximately 6,580 are not unionized, but still pay an average of $577 a year in “fair share” dues. In signing the executive order, Governor Rauner stated that “these forced union dues are a critical cog in the corrupt bargaining that is crushing taxpayers.”

A fight is likely brewing between the Republican governor and a coalition of the public unions and the Democratic-led legislature. Democrats hold a supermajority in the legislature, and the executive order could be overridden. The executive order will be battled over in the courts as well, as Governor Rauner has already filed a preemptive federal lawsuit to declare the order legal.

The executive order builds on last summer’s U.S. Supreme Court decision in Harris v. Quinn. In Harris, the Court ruled 5 to 4 that Illinois home health care workers organized by the Service Employees International Union were not true state employees and could not be required to pay union fees. Governor Rauner wants to extend the Harris holding to all state employees.

At this time, Governor Rauner’s executive order impacts only state employees. While it is anticipated that he will ultimately introduce a similar rule for private sector employees, such workers are not included in the current order. The executive order also does not affect those state employees who are voluntarily union members.

To obtain more information, please contact the Barnes & Thornburg Labor & Employment attorney with whom you work, or a leader of the firm’s Labor & Employment Law Department in the following offices:

Kenneth J. Yerkes
Department Chair
(317) 231-7513

John T.L. Koenig
Atlanta
(404) 264-4018

David B. Ritter
Chicago
(312) 214-4862

William A. Nolan
Columbus
(614) 628-1401

Mark S. Kittaka
Fort Wayne
(260) 425-4616

Robert W. Sikkel
Grand Rapids
616-742-3978

Peter A. Morse
Indianapolis
(317) 231-7794

Scott J. Witlin
Los Angeles
(310) 284-3777

Teresa L. Jakubowski
Washington, D.C.
(202) 371-6366

Janilyn Brouwer Daub
South Bend/Elkhart
(574) 237-1130

Visit us online at www.btlaw.com or @BTLawLE, and don’t forget to bookmark our blogs at www.btlaborelations.com and www.btcurrents.com.

©2015 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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