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Will “right to work” pop up again?

Monday, Nov 30, 2015

* A vote is expected as early as December 14th

Months after formally endorsing Gov. Bruce Rauner’s controversial turnaround agenda for Illinois, Lincolnshire officials are going further by moving to establish the town as a right-to-work zone.

Trustees are considering an ordinance that would prevent local employers from automatically deducting union dues from workers’ paychecks. Eliminating that mandatory deduction means workers couldn’t be fired if they choose not to pay union dues or fees. […]

Illinois Attorney General Lisa Madigan has issued a formal opinion that municipal right-to-work zones aren’t allowed under federal law. […]

The Illinois Policy Institute — a nonprofit research group that focuses on economic and government issues — disagrees. It endorses the right-to-work concept and says Illinois law doesn’t prevent home-rule communities, such as Lincolnshire, from adopting such ordinances. […]

When asked for his opinion of Lincolnshire’s proposal and the potential legal risks, village attorney Adam Simon said officials are relying on the Illinois Policy Institute’s analysis. He declined to comment further.

- Posted by Rich Miller        


45 Comments
  1. - Springfieldish - Monday, Nov 30, 15 @ 10:08 am:

    “…. village attorney Adam Simon said officials are relying on the Illinois Policy Institute’s analysis.”

    Mr. Simon, call your malpractice carrier. Today!


  2. - PublicServant - Monday, Nov 30, 15 @ 10:08 am:

    Looks like IPI wants a Supreme Court testcase…


  3. - Oswego Willy - Monday, Nov 30, 15 @ 10:09 am:

    “Hi Rich-

    Gotta start somewhere.

    Thanks!
    ck”


  4. - Anon - Monday, Nov 30, 15 @ 10:10 am:

    John Forrest Dillon’s popularity among Illinois politicos is about to shoot through the roof.


  5. - Juice - Monday, Nov 30, 15 @ 10:13 am:

    ” village attorney Adam Simon said officials are relying on the Illinois Policy Institute’s analysis.”

    Thanks for the Monday morning laugh Rich. This is comedy gold. Terribly terribly sad, while simultaneously being hilarious.


  6. - Abe the Babe - Monday, Nov 30, 15 @ 10:14 am:

    ==Adam Simon said officials are relying on the Illinois Policy Institute’s analysis==

    Famous words usually uttered shortly before a retraction.


  7. - horse w/ no name - Monday, Nov 30, 15 @ 10:15 am:

    I’m sure the taxpayers will appreciate how much this blindly ideological move will cost them in legal fees


  8. - Honeybear - Monday, Nov 30, 15 @ 10:18 am:

    Lincolnshire Labor, you’re up first at bat. Knock it out of the park. You’ve got to show up and keep the presure on.


  9. - 360 Degree TurnAround - Monday, Nov 30, 15 @ 10:19 am:

    Desperation


  10. - Spliff - Monday, Nov 30, 15 @ 10:19 am:

    The city could save some cash by not paying the attorney.


  11. - Ducky LaMoore - Monday, Nov 30, 15 @ 10:20 am:

    As someone who has had to deal with the AGs office because of someone else’s incompetence… I wouldn’t want to deal with them ever again. Ever. They know the law and apply it firmly. Have fun with that, Mr Simon.


  12. - The Captain - Monday, Nov 30, 15 @ 10:26 am:

    Well on the one hand we have a formal opinion from the Illinois Attorney General and on the other hand we have this press release from some policy zealots … so you know which one we’re going with.


  13. - Grandson of Man - Monday, Nov 30, 15 @ 10:27 am:

    This on Lincolnshire, from Wikipedia:

    “The median income for a household in the village was $134,259, and the median income for a family was $150,598. Males had a median income of approximately $90,000 versus $46,328 for females. The per capita income for the village was $60,115.”

    What is it with wealthier people who are obsessed with knocking down those with lesser incomes?

    “Males had a median income of approximately $90,000 versus $46,328 for females.”

    All the more reason to keep or expand union rights. Women in unions make more money than their non-union counterparts.

    http://www.prnewswire.com/news-releases/unionized-women-earn-more-than-nonunionized-women-in-every-us-state-300133601.html


  14. - Norseman - Monday, Nov 30, 15 @ 10:28 am:

    Keep the issue front and center for all unions to coalesce around. Another Rauner tactic fail.


  15. - VanillaMan - Monday, Nov 30, 15 @ 10:28 am:

    Lincolnshire is a struggling community which needs RTW. If it passes there, Lincolnshire could perhaps have a new burst of economic growth to help it cope with the growing needs for five car garages large enough for the new Audi, Porsche and Infiniti. There has been a real need to replace the cobra head street lights with chandeliers.

    If Lincolnshire can pass RTW, they won’t have to keep paying so much for nannies, housekeepers, and gardeners, who obviously don’t live in Lincolnshire, saving residents there enough money to buy their children new ponies.


  16. - Frenchie Mendoza - Monday, Nov 30, 15 @ 10:31 am:

    “…officials are relying on the Illinois Policy Institute’s analysis”

    Wow. That’s one of more dangerous — and foolhardy — sentences I’ve read in a long time. Said by a village official, no less.

    This is very exciting. I look forward to the … um, results.


  17. - Oswego Willy - Monday, Nov 30, 15 @ 10:32 am:

    - Honeybear - and - Norseman - are On It.

    Labor,

    This isn’t going away, it’s only going to be continued. Ole Slip and Sue, now Lincolnshire… It’s only beginning…

    “What are you, Labor, prepared to do?”

    March is only 4 months away…IllinoisGO candidates are designed to destroy you… It’s real.


  18. - wordslinger - Monday, Nov 30, 15 @ 10:33 am:

    I’m sure Lincolnshire taxpayers will be pleased to know they’ll be on the hook for legal expenses for the governor’s and IPI’s attempt to achieve through the judiciary what they can’t accomplish in the legislature.


  19. - Not Rich - Monday, Nov 30, 15 @ 10:35 am:

    well said Wordslinger.. I can’t wait for the vote at the local council to approve payment of hundreds of thousands of dollars to defend this act of foolishness..


  20. - Hit or Miss - Monday, Nov 30, 15 @ 10:41 am:

    I am certain that one or more trial lawyers are waiting for Lincolnshire to pass the ordinance to create a right-to-work zone.


  21. - The Captain - Monday, Nov 30, 15 @ 10:43 am:

    If Lincolnshire is really looking to save money I have a suggestion, why keep paying a village attorney when the Illinois Policy Institute’s talking points are free?


  22. - HangingOn - Monday, Nov 30, 15 @ 10:48 am:

    ==Wow. That’s one of more dangerous — and foolhardy — sentences I’ve read in a long time. ==

    I think that statement is right up there with “Hey! Hold my beer and watch this!”


  23. - Downstate - Monday, Nov 30, 15 @ 10:50 am:

    I think PublicServant at 10:08 has this one correct. This is for the USSC to decide.


  24. - Graduated College Student - Monday, Nov 30, 15 @ 10:55 am:

    ==village attorney Adam Simon said officials are relying on the Illinois Policy Institute’s analysis.==

    It’s ok, Lincolnshire didn’t need the money in its general fund anyway.


  25. - DuPage - Monday, Nov 30, 15 @ 11:00 am:

    Sometimes local politicians feel they don’t have any limits on their legal authority. It reminds me of another wealthy suburb that doesn’t like the railroad running through their town. They thought they could change their zoning law to zone railroads out of existence. The railroad was granted the land, the right of way, and charter to operate about 150 years ago by the federal government. The town spent millions on lawyers and totally lost. The trains keep on running.


  26. - Obamas Puppy - Monday, Nov 30, 15 @ 11:06 am:

    You do not have to be smart to get elected. I’m relying on Fox News for all opinions on how to conduct my life.


  27. - zatoichi - Monday, Nov 30, 15 @ 11:08 am:

    I want Adam Simon on my legal team. His in depth due diligence is second to none.


  28. - walker - Monday, Nov 30, 15 @ 11:17 am:

    There are lawyers all over the country, paid by PACs and other RTW advocates, willing to take the case on behalf of the village. IPI is just the “finder.”

    This is of no interest or impact, except as a test case for those well beyond Lincolnshire. Shameful use of the Village as a tool by local politicians looking to make a wider name for themselves.


  29. - Todd - Monday, Nov 30, 15 @ 11:21 am:

    This is the national RTW committee trolling for a court case to push their legal theory to SCOTUS. They are beyond upset that they can not get a republican congress to act on RTW. They just lost another vote in the House to undo prevailing wage.

    So if the republicans in congress won’t do their bidding, they will go out and create a case. Funny thing is, they could lose the whole thing.

    They are feeling their oats since Michigan, Wisconsin and Indiana. They see Illinois as the nut to crack to tip the scales nationally.

    This is interesting in light of SCOTUS taking up Fredricks on the fair share issue this Spring.

    One wonders if they are teeing this up in case they win at SCOTUS on the issue and overturn Abood.


  30. - GA Watcher - Monday, Nov 30, 15 @ 11:21 am:

    Based on the comment attributed to Mr. Simon and his declining to say anything further, it sounds as if the Lincolnshire Mayor/Village Board is relying on the IPI’s advice and not its Village Attorney’s.


  31. - walker - Monday, Nov 30, 15 @ 11:25 am:

    BTW Simon didn’t say he agreed with the IPI’s position, just that the Village was relying on IPI’s analysis — perhaps not his own?


  32. - GA Watcher - Monday, Nov 30, 15 @ 11:25 am:

    My comment at 11:21 needs clarification. It sounds as if Mr. Simon wants it to be clear that the Village’s decision is based on something other than his advice.


  33. - Langhorne - Monday, Nov 30, 15 @ 11:32 am:

    Ok. So it’s a test case. Maybe an outside source will help lincoln$hire w their defense. If it advances in the legal system, they have more at bats and more publicity. It is also a test case of how unions respond, costing unions time, money, and effort. Unions have to respond vigorously. An attack on one, is an attack on all. Meanwhile, maybe the dems can intro a bill to clarify the law.


  34. - Ghost - Monday, Nov 30, 15 @ 11:36 am:

    the illinois policy institute that said it was legal to slash state employee retirments? huh seems a legit source….. i wonder if they use mad magazine for legal citations…..


  35. - Ghost - Monday, Nov 30, 15 @ 11:40 am:

    the state wanted to withhold tax money from the locals and they were outraged there tax receipts would be reduced wothout their permission…. but stopping fees to others seems good? if thisnpasses we should removenthe tax distributions…. unless tax payers want their taxes distributed…. we want to be fair


  36. - Man with a plan - Monday, Nov 30, 15 @ 11:43 am:

    As far as a test case goes, a case strikingly similar to this is already being challenged in Kentucky. Unions say NLRA doesn’t empower cities or counties to take this action, and “Liberty people” say it does. Amicus from the NLRB (as in, the guys who interpret the NLRA) say this is completely illegal.

    And wouldn’t you just know it, but Lincolnshire’s draft ordinance is almost identical to the ones from Kentucky.

    That quote is going to haunt the town lawyer. They can expect a crowd at this meeting.


  37. - sal-says - Monday, Nov 30, 15 @ 12:58 pm:

    == “…village attorney Adam Simon said officials are relying on the Illinois Policy Institute’s analysis.” ==

    …village attorney Adam Simon said officials are relying on the Illinois Policy Institute’s propaganda.

    There, fixed it for ya, Mr. Village Attorney.


  38. - burbanite - Monday, Nov 30, 15 @ 2:27 pm:

    Can’t subsidize day care, but can subsidize the lawyers. Good grief!


  39. - Supernintendo Chalmers - Monday, Nov 30, 15 @ 3:11 pm:

    I think I would trust Lionel Hutz’s legal analysis over theirs…


  40. - Joe M - Monday, Nov 30, 15 @ 3:32 pm:

    Eliminating prevailing wages and other Rauner anti-union proposals may keep popping up for the rest of Rauner’s term. I don’t know if the State can take another 3 years of a Governor holding the state budget hostage each year over his anti-union proposals.


  41. - CrazyHorse - Monday, Nov 30, 15 @ 4:30 pm:

    ==If Lincolnshire can pass RTW, they won’t have to keep paying so much for nannies, housekeepers, and gardeners, who obviously don’t live in Lincolnshire, saving residents there enough money to buy their children new ponies. ==

    Pure Gold VanillaMan. Now I’m thinking about the Seinfeld episode where he said everyone hates kids with ponies. LOL


  42. - RNUG - Monday, Nov 30, 15 @ 5:58 pm:

    ==Adam Simon said officials are relying on the Illinois Policy Institute’s analysis==

    Yeah, since they gave such good advice on the pensions …


  43. - internal angel - Monday, Nov 30, 15 @ 7:11 pm:

    Have you actually read any of Illinois Policy pieces? Many arent based on actual hard facts or data, they just spout off whatever they think will be popular to say. Pretty lame. If they are going to pretend to be journalists they need to do the legwork im saying. Faux organization. Havent earned their influence im saying. Mostly fluff, lightweights. Get real


  44. - Ay caramba! - Monday, Nov 30, 15 @ 7:34 pm:

    Was it IPI that argued SB1 to the illinois Supreme Court, or was that AG Madigan?


  45. - Lynn S. - Monday, Nov 30, 15 @ 10:54 pm:

    Supernintendo Chalmers, +1!!

    I really miss Lionel Hutz. He had such great commercials…my son and I used to watch them together…


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