LIVE session coverage...
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Cross voted for it before he was against it

Wednesday, Jan 22, 2014

* Nina Totenburg reports on yesterday’s US Supreme Court hearing

At issue: whether nonunion members can be required to pay fees to help cover the cost of negotiating a contract from which they benefit.

In Illinois 10 years ago, 28,000 home health workers who care for adults with disabilities approved a union. Since then, hourly wages have nearly doubled, the workers now receive regular training, and they have health insurance. The state says as a result, the workforce has been stabilized and professionalized, and the government has saved money by keeping adults with disabilities in their homes.

Some workers, however, object to paying what is known as “fair share” fees. That is, even though they haven’t joined the union, they are required to pay their fair share of the costs of negotiating and administering a union contract they benefit from. The Supreme Court has long allowed such fees to prevent nonmembers from free-riding on union members’ dues. But in recent years, some of the court’s conservatives have suggested they may be prepared to reverse this long-established principle. And Tuesday’s case presents that opportunity.

The state says it actually has saved $632 million by creating a stable workforce to care for adults with disabilities in their homes instead of nursing homes.
One of the questions before the U.S. Supreme Court on Tuesday is whether non-union members must pay for negotiating a contract they benefit from. […]

And the workers and their patients say the union has transformed a program that previously had been hobbled by rapid turnover.

“I have a son that has cerebral palsy,” said Flora Johnson, a home care worker who serves on the union’s executive committee. “They tried to get me to institutionalize him years ago. But by the union coming in, he got a chance to stay home with his family.”

* LA Times

In its lawsuit, the right-to-work attorneys portrayed the arrangement as a questionable deal between state Democrats led by former Illinois Gov. Rod Blagojevich and union officials. Alito picked up on the theme.

“Gov. Blagojevich got a huge campaign contribution from the union and, virtually as soon as he got into office, he took out his pen and signed an executive order that had the effect of putting $3.6 million in the union coffers,” Alito told U.S. Solicitor Gen. Donald Verrilli Jr., who joined in defending Illinois. The judge was referring to the $3.6 million in dues paid to SEIU after home-care providers were organized.

Verrilli denied that partisan politics were at play, noting that a “large bipartisan majority” of the Illinois Legislature voted in favor of the decision to extend union bargaining rights to the home-care providers.

The measure passed 51-2-5 in the Senate (Barack Obama voted “Present,” Dan Rutherford voted “No” and Kirk Dillard voted “Yes”) and 115-0 in the House.

* But Gov. Quinn expanded the scope of that legislation with an executive order in 2009.

In 2009, Governor Pat Quinn issued an executive order directing the State to recognize an exclusive representative for the Disabilities Program personal assistants, if a majority so chose. In a mail ballot election, however, a majority of the approximately 4,500 Disabilities Program personal assistants rejected representation by any union. Nevertheless, a union can request new elections in the future, and, under Illinois labor law, may bypass an election altogether if it collects a sufficient number of union cards from the personal assistants.

In 2010, personal assistants from both groups filed a two-count complaint against the Governor and the three unions involved. The Rehabilitation Program plaintiffs claimed that the fair share fees they were required to pay violated the First Amendment by compelling their association with, and speech through, the union. The Disabilities Program plaintiffs argued that although they did not yet pay fees, they are harmed by the threat of an agreement requiring fair share fees. The district court dismissed the Rehabilitation Program plaintiffs’ claims for failure to state a claim upon which relief could be granted. It dismissed the Disabilities Program plaintiffs’ claims for lack of subject matter jurisdiction because they lacked standing and their claims were not ripe.

The Seventh Circuit Decision

Writing for a unanimous panel, Judge Manion held that, with respect to the Rehabilitation Program plaintiffs, the fair-share fees withstand First Amendment scrutiny, in that they are, for First Amendment purposes, identical to the fees upheld by the Supreme Court in Abood v. Detroit Bd. of Educ.

Note that personal assistants from both groups of personal assistants have filed suit. Why is that important? Well, let’s revisit Tom Cross’ press release from yesterday

“I believe forcing Illinois home-care workers to join a union and pay labor dues against their will violates both their right to free association and freedom of speech. For too long, the leadership in Illinois has focused on rewarding special interests as opposed to making common sense decisions that are fiscally prudent and defend core individual rights. It is not the job of state government to pick winners and losers, in this case seeking to bolster falling union membership; instead, elected leaders must put the common good before all else. My hope is the Supreme Court hears the arguments in this case and comes to the conclusion that Illinois’ actions are unconstitutional and cannot be allowed to stand.”

From the bill Rep. Cross voted for in 2003

Provides that a labor organization recognized by Executive Order to represent personal care attendants or personal assistants shall be the exclusive representative of those individuals.

- Posted by Rich Miller        


19 Comments
  1. - ChambanaSlamarama - Wednesday, Jan 22, 14 @ 10:36 am:

    The other bad news is that Cross now has a Democratic opponent who has just announced his campaign. Phew, thought he was going to have a free ride with no opponent there for awhile.


  2. - Roadiepig - Wednesday, Jan 22, 14 @ 10:42 am:

    In Cross’ case, it must have been one of those bills that he didn’t read but voted on anyway. How else can you explain having such a strong opinion against it today, when you were part of a unanimous yes vote for it a decade ago?


  3. - walker - Wednesday, Jan 22, 14 @ 10:46 am:

    ===How else can you explain…?===

    The ideological purity tests required to play with the ILGOP have changed that much in ten years.


  4. - Anon - Wednesday, Jan 22, 14 @ 10:52 am:

    == Illinois´actions are unconstitutional and cannot be allowed to stand.==
    Cross in 2014 commenting on Cross´vote in 2003


  5. - AFSCME Steward - Wednesday, Jan 22, 14 @ 11:04 am:

    I have a simple solution for this. Those that object to fair share will be paid what workers received before collective bargaining and will receive all benefits workers received back then. I wonder how many would complain about fair share then ? There are a lot of freeloaders in our society. They want stuff, but don’t want to pay for it. It costs money for union representation. That is why dues & fair share are needed. I would not object if the SCOTUS threw out the fair share provision provided it was with the understanding that if you don’t join the union the state can pay you whatever it wishes, charge you as much as it wants for health care, removes rights to representation at discipline hearings & grievances would only be handled as per the personnel code, not the union contract. If these requirements were in place, there would be no fair share, only members. My view, if you don’t want to pay, you don’t get the benefit. Unfortunately, currently the law requires us to represent members & fair share equally.


  6. - RNUG - Wednesday, Jan 22, 14 @ 11:23 am:

    As I said yesterday, the biggest problem with “fair share” is the lack of transparency on the use of union dues. Right now the “fair share” is whatever the union says it is.

    If a union wants non-union members to pay a “fair share” for representation, then that union’s books should be open to public inspection by anyone so the “fair share” can be easily determined.


  7. - dupage dan - Wednesday, Jan 22, 14 @ 11:34 am:

    === The state says it actually has saved $632 million by creating a stable workforce to care for adults with disabilities in their homes instead of nursing homes ===

    And as unionization takes hold, we typically see pay rise. Since labor costs are typically a major factor in such a “business”, at what point does the cost of this care reach a level that nears NH costs and the state sees the previously touted savings shrink to an inconsequential level?

    I know that isn’t totally on point with the discussion but it is a factor that makes the touted savings less of a positive factor in the dismal state fiscal picture.


  8. - Wilbert - Wednesday, Jan 22, 14 @ 11:38 am:

    Did Cross check with Dillard to make sure there’s enough room for him on the Flip-Flop Express?


  9. - AFSCME Steward - Wednesday, Jan 22, 14 @ 11:38 am:

    Dupage Dan

    In addition to cost, I think quality of life also needs to be a concern. Having a stable professional care giver system is not only cost effective, but it increases the chances that the person can reside at home with the family, rather than in an institution.

    “And as unionization takes hold, we typically see pay rise. Since labor costs are typically a major factor in such a “business”, at what point does the cost of this care reach a level that nears NH costs and the state sees the previously touted savings shrink to an inconsequential level?”


  10. - dave - Wednesday, Jan 22, 14 @ 11:49 am:

    **at what point does the cost of this care reach a level that nears NH costs and the state sees the previously touted savings shrink to an inconsequential level?**

    NH costs are 2-3 times more than the cost to keep someone in his/her home. The State is a LONG way away from having home care costs approaching the same costs as nursing homes. And nursing home rates don’t just stay flat either.


  11. - Chi - Wednesday, Jan 22, 14 @ 12:12 pm:

    RNUG-
    I think you made this point last year or thereabouts and I informed you then, as I will again now:
    Public employee unions must share with their bargaining unit (members and non-members alike) once a year, an audit showing their finances that includes how much money was spent on chargeable and non-chargeable expenses.

    It is not open to the public because, frankly, it’s none of the public’s business. It’s the business of the people in the bargaining unit.


  12. - MrJM - Wednesday, Jan 22, 14 @ 12:27 pm:

    Has Tom Cross been tested for early-onset Dillarditis?

    – MrJM


  13. - Andrew Szakmary - Wednesday, Jan 22, 14 @ 12:27 pm:

    Why is it that conservatives consistently object to fair share for union representation when someone accepts a job in a workplace represented by a union, but do not object to homeowner association dues when someone purchases a home in a subdivision that has an association? Intellectually this makes no sense, any more than saying that contractual obligations can be broken when it comes to pension recipients but not bondholders. Methinks conservatives have lost their minds.


  14. - RNUG - Wednesday, Jan 22, 14 @ 12:29 pm:

    Chi,

    Sorry, I didn’t remember that but it’s still not an independent audit. My father and grandfather were founders of a union local; I’ve seen how the books can be cooked.


  15. - Rich Miller - Wednesday, Jan 22, 14 @ 12:34 pm:

    RNUG, things are a lot different now than the old days.


  16. - Ghost - Wednesday, Jan 22, 14 @ 1:04 pm:

    Chi and RNUG, if you look around their are posters showing the annual expenditures of the unions. They submit these annualy to be posted in the work place, and it gives decent detail. it shows what they spend on their work force, for political stuff etc etc. what money moves to the national for thier expenses; the expense of the national and so forth.

    I agree with AFSCME Steward, lets get rid of fair share, but also allow the State to pay anyone who is not fair share whatever they like. As I mentioned before the non union folks have had a pay freeze since 2003, and numerous cuts and reductions since then.

    I am all for them not having to pay if the State can lump the non-fair share folks into a seperate grp and treat with them differently.


  17. - Bemused - Wednesday, Jan 22, 14 @ 1:32 pm:

    RNUG
    Most if not all of the info you want can be found in fillings by the Unions at USDOL.


  18. - wordslinger - Wednesday, Jan 22, 14 @ 1:37 pm:

    Alito is the most partisan justice of our times.


  19. - RNUG - Wednesday, Jan 22, 14 @ 2:49 pm:

    Thanks for the info. I’ll go look at it.


Sorry, comments for this post are now closed.


* Rauner overridden on pension bill
* Statehouse flooded with education funding bills
* *** UPDATED x2 - Rep. Bradley responds *** Murphy: Madigan has "personal vendetta against the Governor that holds all of Illinois hostage"
* AFSCME: "It is time for these seven House Republicans to move beyond rhetoric and take action"
* Lesser-known impasse problems
* New York vs. Chicago on guns
* Question of the day
* Lobbyist at center of controversy blames opponents
* Nobody's giving in
* Unclear on the concept
* A look ahead
* *** UPDATED x2 *** War of words escalates between Rauner, Emanuel
* SUBSCRIBERS ONLY - "End of May" party update
* "Working together will never happen"
* Illinois' connection to Memorial Day
* *** LIVE *** Session Coverage
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** UPDATED x1 *** Madigan to tell members his side of working group talks
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

  
* Should our phones move from USB Type C to Thunderbolt 3?
* Asus Zenfone 3 details, iPhone 7 storage options & more – Pocketnow Daily
* Kaspersky scares us into not charging our smartphones ever again
* Another Le 2 passes through TENAA as LeEco’s first Exynos phone
* Rumor mill hypes up Honor 8
* Best icon packs [2016]
* Caltech sues Apple via Broadcom over Wi-Fi patent use

* White Sox call on Latos to halt 7-game skid
* Quintana excellent, out-dueled by Harvey in opener
* White Sox are built to last in AL Central race
* After Melky bunt, Frazier takes blame for missed chance
* Quintana excellent, out-dueled by Harvey in opener
* Mets 1, White Sox 0: Matt Harvey's rebound date
* Quintana excellent, out-dueled by Harvey in opener

...............


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress

Loading


* Chicago pension payments eased after bill veto .....
* Chicago gets some pension relief as Rauner veto.....
* Chicago gets some pension relief as Rauner veto.....
* Chicago pension payments eased after bill veto .....
* Chicago gets some pension relief as Rauner veto.....
* Chicago pension payments eased after bill veto .....
* Chicago gets some pension relief as Rauner veto.....
* Chicago gets some pension relief as Rauner veto.....
* Chicago gets some pension relief as Rauner veto.....
* Chicago pension payments eased after bill veto .....


* Garland gives commencement address at old high school
* Chicago, private company to turn wastewater into fertilizer
* Police promise more West Side patrols as shootings erupt
* Medical pot advocates cheer Illinois governor's about-face
* Ex-fire chief gets jail time for stealing from department
* 15-year-old girl shot dead on Chicago's Lake Shore Drive
* State warns of toxic algae forming on Illinois lakes, rivers
* Illinois budget chief: 2nd year without deal 'devastating'
* 7-year-old Chicago girl dies in tractor accident
* Illinois budget negotiations appear to be going nowhere

* Senate passes bill to reopen State Museum, create fairgrounds foundation
* Chicago pension savings plan OK'd over Rauner veto
* Cullerton: Rauner has to back off 'radical demands' in turnaround agenda
* Chicago mayor, unions praise Senate pension break override
* Illinois House OKs plan to expand medical marijuana program
* Senate overrides veto of Chicago pension break
* Senate overrides veto override of Chicago pension break
* Illinois lawmakers propose study of lead in state water
* Daily fantasy sports betting bill shelved amid lobbying accusation
* Rep. Butler: Should have been in session Saturday, too

* Women's work? Nonprofit CFO
* West Loop transformation
* Helping Exelon's at-risk nukes helps everybody
* Here's your chance to buy that empty prison
* Can millennials revive Walter E. Smithe?


* Cubs’ Zobrist has succeeded in exceeding expectations
* Vets against war: More must be done for U.S. soldiers
* Police warn of garage burglaries on NW Side
* Documents show true time Rahm spends on care and feeding of image
* ‘Code of silence’ trial could put Mayor Emanuel on the stand
* 3 hurt — 1 critically — in downtown crash on Lake Shore Drive
* Accused of perjury, Chicago Police officer resigns
* What Joe Maddon considers his one regret
* Madigan has backup plan if no budget is passed Tuesday
* Boy, 15, shot in Englewood


* Lawmakers deal Rauner blow, override veto of Chicago pension bill
* Ballhawks still congregate outside Wrigley Field despite lack of action
* Cab smashes into Terminal 3 at O'Hare; no injuries reported
* Obama's numbers better read on 2016 than Clinton-Trump polls
* Woman charged in fatal South Side hit-and-run
* Cubs' Jake Arrieta calls Dodgers' Clayton Kershaw 'a special talent'
* Cincinnati Zoo director defends killing gorilla to save boy
* Mexican soccer star Alan Pulido overpowered kidnappers
* Monday's recap: Cubs 2, Dodgers 0
* Memorial Day weekend violence adds to a violent May in Chicago


* Kathleen Parker: A trump too far?
* Senate passes bill to reopen State Museum, create fairgrounds foundation
* Chicago pension savings plan OK'd over Rauner veto
* Cullerton: Rauner has to back off 'radical demands' in turnaround agenda
* Chicago mayor, unions praise Senate pension break override
* Illinois House OKs plan to expand medical marijuana program
* Senate overrides veto of Chicago pension break
* Senate overrides veto override of Chicago pension break
* Illinois lawmakers propose study of lead in state water
* Daily fantasy sports betting bill shelved amid lobbying accusation


* Police investigating death outside Campustown highrise
* Police investigating death outside Campustown high-rise
* No injuries in Champaign apartment fire
* No injuries in north Champaign apartment fire
* Town Center Apartments Fire
* Danville National Cemetery Memorial Day Ceremony
* Town Center Apartment Fire (raw)
* Man killed in dirt bike accident in Heyworth
* Garrido out at Texas
* Video: Where Am I? May 30, 2016


* Illinois budget 'storm' likely to continue
* Reeling White Sox suffer 7th loss in a row
* Cougars complete third straight comeback win
* Taxi hits doors at O'Hare
* Hastert to lose thousands more in pension benefits

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Senator Durbin Statement on TSA Security D......

* Defence sales: US Senate may vote to bring......

* Happy Memorial Day
* 11 states sue over federal transgender bathrooms. Illinois not one of them.
* Ronald Reagan Memorial Day Remarks at Arlington National Cemetery 1986
* What is a supermajority for?
* Friday’s school funding and special education legislative update. Five days to go.
* Halabi looks at the UFT numbers. “Didn’t show up” won.
* Live From The Drive
* Biking The Drive This Morning
* The Claypool rule.
* “The high school win is a crack in the glass ceiling that keeps Unity caucus in power.”


* Emergency Management Officials, National Weather Service Encourage Winter Preparedness - November is Winter Weather Preparedness Month in Illinois
* Keep Your Family Safe This Winter - November through February are leading months for carbon monoxide related incidents
* Governor Takes Bill Action
* Illinois Department of Labor Director Hugo Chaviano Awards Governor’s Award for Contributions in Health and Safety to the Illinois Refining Division of Marathon Petroleum Company LP
* State Regulator Elected Treasurer of Interstate Medical Licensure Compact




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller