A federal judge will allow three Illinois government workers to challenge the state’s compulsory union system over the objections of powerful public sector unions.
Judge Robert W. Gettleman ruled Tuesday that the public sector employees had standing to challenge the "fair share" fees they are forced to pay to public sector unions, such as AFSCME. In the same ruling, Gettleman also dismissed the matching suit filed by Republican Gov. Bruce Rauner, finding that he "has no personal stake in the manner."
The employees are receiving assistance from the National Right to Work Legal Defense Foundation (NRTW), a labor watchdog, and the Illinois-based Liberty Justice Center (LJC), a public interest law firm that defends individual freedom. LJC President Patrick Hughes said the ruling demonstrates that the employees have a valid constitutional case against paying fees to the union even though they have opted out of membership.
"They have standing to pursue their claim that the collection of "fair share" fees is unconstitutional, a violation of their First Amendment rights to freedom of speech and association," Hughes said. "If they’re not part of the union they should not be forced to pay dues."
Illinois is not a right-to-work state and allows companies to collect agency fees or dues from workers as a condition of employment. Gov. Rauner signed an executive order in February allowing public sector employees to opt out of the union and cease paying union dues. He filed a lawsuit in federal court asking the judiciary to validate his belief that forced dues payments were unconstitutional and set up escrow accounts to hold the fees of non-members until the court ruled.
Unions declared victory after Rauner was removed from the suit.
"We’re gratified that the court has rejected Governor Rauner’s latest ploy to weaken the unions that represent police officers, child protection workers, nurses and all who serve our state," Illinois AFL-CIO President Michael Carrigan said in a statement. "This should be a strong signal to the governor that it’s time he treats public service workers with respect."
Hughes said the union’s confidence is unwarranted, as the nation’s courts have grown skeptical of forced dues in recent years. The Supreme Court struck down an Illinois forced dues scheme in its June 2014 ruling in Harris v. Quinn. The decision reversed a policy implemented by imprisoned former Gov. Rod Blagojevich that allowed public sector unions to siphon money away from home health care workers, many of whom cared for relatives.
That decision inspired California teacher Rebecca Friedrichs to take the local and state chapters of the National Education Association to court alleging that forced dues denied her the right to association; that case is expected to reach the Supreme Court in the next year.
"The rights of workers should be paramount to these decisions … there’s no question that the Harris decision is informative that the Supreme Court would rule in our favor," Hughes said. "I ultimately think we will prevail not only in the state of Illinois but, if it reaches the Supreme Court, workers all over the country."
AFSCME Council 31 Executive Director Roberta Lynch pledged that Big Labor would continue to fight to preserve the status quo in the face of the worker objections.
"Whether it’s in circuit court or federal court, we will continue to fight these efforts to weaken unions in our state," Lynch said in a statement.
Rauner expressed satisfaction with the ruling, even as he lamented the court’s denial of his office’s standing in the suit.
"We are greatly encouraged by the federal court’s decision to allow the lawsuit against the unions’ fair share fees to proceed without further delay," Rauner said in a statement. "While disappointed that he will not be a party to that lawsuit, the Governor supports the fair share employees who are now leading this effort and will continue to pursue his own claims in state court."
The removal of the Rauner from the case does not take away from the employees’ case against the current policy, according to NRTW spokesman Patrick Semmens.
"While the court has ruled the Governor cannot be a party in the lawsuit to challenge forced union dues in Illinois, the important thing is the case will go on, led by these three states receiving free legal aid from the National Right to Work Foundation and the Liberty Justice Center," he said.