Capitol Fax.com - Your Illinois News Radar » *** UPDATED x2 - Rauner responds - Rauner idea is illegal *** This just in… AG Madigan shoots down local right to work zones
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*** UPDATED x2 - Rauner responds - Rauner idea is illegal *** This just in… AG Madigan shoots down local right to work zones

Friday, Mar 20, 2015

* Attorney General Lisa Madigan has just issued two formal opinions. One was about the ability of local units of government to establish their own “right to work” zones. Nope, says Madigan

She also said local governments cannot opt out of state prevailing wage laws.

I’ll have the links in a moment.

…Adding… The right to work opinion is here. The prevailing wage opinion is here.

There has been some fear within organized labor that Gov. Bruce Rauner and/or his anti-union allies were hoping to convince a local government to set up its own right to work zone or attempt to opt out of other labor laws. These opinions make that much less likely to happen.

…Adding… Sen. Gary Forby and Rep. Jay Hoffman requested the opinion. Here’s Forby’s statement…

“I guess that’s that. The Attorney General’s opinion makes it pretty clear this is a matter for state lawmakers, and the Southern Illinois lawmakers I know – on both sides of the aisle – aren’t going to hurt working families,” said Senator Forby.

“Maybe now the governor can start focusing on putting people back to work in Southern Illinois. People around here just want jobs where they’ll be respected with an honest wage for an honest day’s work.”

*** UPDATE 1 *** This is more of a repudiation of Rauner than I previously realized. The opinion says basically that it’s “all or nothing.” Rauner has been saying he doesn’t want the whole state to be right to work, but does think locals should be given the opportunity to create their own zones. Madigan says in the opinion that the entire state has to be right to work. Local zones aren’t permitted, even with a state law.

…Adding More… Illinois AFL-CIO President Michael T. Carrigan…

“While Gov. Rauner continues his obsessive war on unions and the middle class, he just keeps running into huge road blocks – like the law.

The Attorney General’s opinions on right to work zones and prevailing wage are confirmation of what we suspected from the outset.

I think the people of the state would actually appreciate the Governor working on the pressing issues in front of us, instead of continually proposing illegal and politically-motivated fixes to non-existent problems.”

*** UPDATE 2 *** The response…

“The Rauner administration respectfully disagrees with the Attorney General’s opinion regarding local right-to-work. The administration is confident that with enabling legislation from the state, local governments can create employee empowerment zones.”

- Posted by Rich Miller        

74 Comments
  1. - John A Logan - Friday, Mar 20, 15 @ 4:28 pm:

    Adult supervision arrives.


  2. - walker - Friday, Mar 20, 15 @ 4:34 pm:

    She might have to assign one lawyer just to respond to Rauner’s EOs and proposals of illegal acts.


  3. - Oswego Willy - Friday, Mar 20, 15 @ 4:35 pm:

    Bruce Rauner… will go to mattresses now…

    To the Post,

    Rauner has yet to learn.

    Legislstive avenues have no bypasses. Rauner wants so much that requires a willing legislature.

    This isn’t Wisconsin. This isn’t Indiana.

    There isn’t a Republican General Assembly to fulfill his demands, or make his wishes come true.

    Rauner is clueless to governing; how it works, the parameters, the levers, and sadly most of all, “the rules”.

    It’s 30, Governor. It’s 60, Governor….

    It’s the rule of law….Governor.

    The LLs and Press Shop, Mike Z and Lance…

    Help the Governor. Please. Make him understand. For all our sakes.


  4. - Anonymous - Friday, Mar 20, 15 @ 4:41 pm:

    Good on Lisa, somebody to keep the right-wingnuts in check. Wonder when BVR will offer Lisa a position in his administration?


  5. - Qui Tam - Friday, Mar 20, 15 @ 4:41 pm:

    “I guess that’s that…..”
    No it’s not. As often as everyone falls all over each other (including Judges) to ingratiate themselves to Lisa, it’s still gonna be up to a Judge.


  6. - Democrat Grrrl - Friday, Mar 20, 15 @ 4:41 pm:

    Who are the legal eagles advising this governor?


  7. - Oswego Willy - Friday, Mar 20, 15 @ 4:46 pm:

    ===Madigan says in the opinion that the entire state has to be right to work. Local zones aren’t permitted, even with a state law.===

    To the Update,

    It’s over Sonny. You don’t have the votes for Statewide, you can’t go region, county, muni, none.

    You can’t get the votes. You can’t get the breakouts either.

    Please. Stop.


  8. - anonin' - Friday, Mar 20, 15 @ 4:47 pm:

    Is BVR payin’ for the legal advice or just getting during the LegalZoom free trial period? The race to West Indiana just hit a big speed bump. Now back to the budget.


  9. - Norseman - Friday, Mar 20, 15 @ 4:48 pm:

    Indy, are you earning your money?


  10. - Anonymous - Friday, Mar 20, 15 @ 4:49 pm:

    D Grrrl @ 4:41, this Governor doesn’t take well to advise and council …


  11. - walker - Friday, Mar 20, 15 @ 4:51 pm:

    @grrrl: Rauner’s legal drivers on RTW, and “fair” wages, and no union dues, are probably from out of state, and recommended to him by national superPAC funders and “institutes.”


  12. - Democrat Grrrl - Friday, Mar 20, 15 @ 4:54 pm:

    anon 4:49, you are right. How long will we languish before Rauner understands he must listen to people? Or are we in for 4 years of this mishegoss?


  13. - Arsenal - Friday, Mar 20, 15 @ 4:55 pm:

    Some canny CapFax commenter- not me, I said a “canny” one- pointed this out when he first floated it.


  14. - Demoralized - Friday, Mar 20, 15 @ 4:56 pm:

    The Governor will play the “protecting the status quo” card and contend that the Democratic AG is doing the bidding of the unions and her father. He’ll then say that he thinks she’s wrong and will say he will continue to fight for the ability of local governments and their citizens to do what they want.

    Now, the problem I see is that this opinion probably puts a wrench in any of Rauner’s plans to have a local government try and do right to work zones. An opinion from the AG that says they can’t do it is likely going to weigh heavily on any local government considerations. While Rauner will undoubtedly continue to talk about this issue I don’t think a local government will touch the local right to work zone issue now.


  15. - Norseman - Friday, Mar 20, 15 @ 5:02 pm:

    === Adult supervision arrives. ===

    Correction. You mean intelligent information has been provided. Gov. .01% is still running amok and needs supervision. Unfortunately, like a spoiled child, he won’t respond to that supervision.


  16. - Anonymous - Friday, Mar 20, 15 @ 5:03 pm:

    Since BVR never seems to be deterred, I expect to hear that the Raunerites instigate (behind the scenes) having some local unit of government test the waters on this AG opinion, and end up in court.


  17. - Anonymous - Friday, Mar 20, 15 @ 5:05 pm:

    The turnaround tour is in a spin


  18. - walker - Friday, Mar 20, 15 @ 5:05 pm:

    Grrrl: “mishegoss”

    Now you’ve won me over. LOL


  19. - Archiesmom - Friday, Mar 20, 15 @ 5:05 pm:

    Have a nice weekend, Gov. Between fair share, the pending pension decision and this, it’s the trifecta.


  20. - Wensicia - Friday, Mar 20, 15 @ 5:08 pm:

    This won’t stop Rauner, as he’s declared total war on the unions. He says they’re the reason for the budget deficit, they’re the reason all Illinois citizens will suffer from massive budget cuts, but he’s fighting for the taxpayers?

    He believes he’s above the law, like any petty tyrant.


  21. - Anonymous - Friday, Mar 20, 15 @ 5:08 pm:

    ===or attempt to opt out of other labor laws===

    It appears to me that this idea is anti-business. It would mean that any business with multiple locations in Illinois would need to know which laws apply at each location. This is sure to increase the cost of doing business for many companies. Uniformity across the state I see as helping companies cut their cost of following the laws.


  22. - Outsider - Friday, Mar 20, 15 @ 5:13 pm:

    A double whammy on a day that Caterpillar announced moving 2 production lines from Illinois to Mexico. Cat’s Chairman & CEO is on Rauner’s transition team.


  23. - Enviro - Friday, Mar 20, 15 @ 5:14 pm:

    Finally, Rauner has been sent to time out.


  24. - Sad Reaility - Friday, Mar 20, 15 @ 5:16 pm:

    I am a union guy and want people to make as much money as possible. However, as states around go right to work, we will not be completive. I fear that more business will move out of Illinois which will include our jobs. It is sad. We could build a fence and try to keep our business and jobs here.


  25. - Anon - Friday, Mar 20, 15 @ 5:19 pm:

    @Sad Reality. Are you suggesting that you support right to work? Care to share the union to which you belong?


  26. - Enviro - Friday, Mar 20, 15 @ 5:22 pm:

    Sad @ 5:16pm =…as states around go right to work, we will not be completive.=

    We are being asked to compete in a race to the bottom. Now that is really sad.


  27. - Railrat - Friday, Mar 20, 15 @ 5:23 pm:

    when your the ” smartest person in the room” this is a minor bump….sheesh enough aleady


  28. - truthteller - Friday, Mar 20, 15 @ 5:25 pm:

    Sad reality you can always move to Wisconsin or Indiana. If our wages are going to be as low, what difference does it make? I’d rather stay here and fight to keep our wages higher


  29. - anonin' - Friday, Mar 20, 15 @ 5:29 pm:

    What will the IDOT sign shop do with the Welcome to Scabistan signs?


  30. - MrJM - Friday, Mar 20, 15 @ 5:30 pm:

    Sad,

    Just volunteer to work for free and you’ll have a job for life. #MarketSolutions

    – MrJM


  31. - Sad Reaility - Friday, Mar 20, 15 @ 5:30 pm:

    I have a business background and like the union and what they do for employees. However, I look around and see jobs leaving. Businesses are moving across state lines and are coming back into Illinois to do work. Who knows if they are ever paying taxes? Additionally, you will start to see cities declare chapter 9 bankruptcy which is allowed under federal law. They are working on a bill right now. I would think Rockford would be the first. Chicago is in very poor shape. Our state is in big trouble. We will have to compete with the states around us. Ask yourself if I was going open a business would I put it in Illinois? This is and will be a problem. The business climate in the state is very poor. It is a sad reality.


  32. - Enviro - Friday, Mar 20, 15 @ 5:32 pm:

    = smartest person in the room =
    Smartest Personm in the room???
    But that would be Lisa Madigan, of course.


  33. - Oswego Willy - Friday, Mar 20, 15 @ 5:35 pm:

    So,

    The governor is circumventing and holding back wages for Fair Share, a possible theft…

    The governor learns his Right to Work Zones ruse has been repudiated, at the lowest of low levels…

    The governor is realizing what 30 and 60 actually mean…

    The Owl Ron Sandack was being told by witnesses his *cough* Rauner’s *cough* muni bankruptcy bill isn’t at all tidy…

    The governor hires another employee at s half a million, with cuts lingering now and looming soon…

    But it is Friday, so there’s that.


  34. - State Employee - Friday, Mar 20, 15 @ 5:36 pm:

    @Walker 4:34pm THANK YOU for making me laugh! Work is depressing and I use to enjoy my job. I wish I could transfer to another state. These people that Rauner has hired are awful and clearly don’t understand how state government works. They think it is the private sector and are in for a rude awakening. By the end of 4 years with these people are agency WILL be a mess! Good luck to the next governor who has to come in and fix the @#!$%&* that Rauner’s folks are doing!


  35. - Wensicia - Friday, Mar 20, 15 @ 5:37 pm:

    Sad unreality,

    Answer this: How will state revenues and a consumer driven economy improve in this state with the working class making far less in wages? Businesses making far less in taxes?


  36. - How Ironic - Friday, Mar 20, 15 @ 5:41 pm:

    @Sad Reality
    “Ask yourself if I was going open a business would I put it in Illinois?”

    It depends upon the business. Illinois has an educated work force, good roads, rail, and water transportation, and a robust air business.


  37. - Roadiepig - Friday, Mar 20, 15 @ 5:42 pm:

    Sad- I believe it was reported here recently (from a reputable source ) that Illinois had more new businesses locate here last year than the business paradises of Wisconsin and Indiana. But please- stick to your narrative that you are a “union man” and are only looking out for our state.


  38. - Mitch59 - Friday, Mar 20, 15 @ 5:42 pm:

    More of the Rich get richer! Rauner can make a million a week but has a problem if I make 700. a week! How did this guy get elected?


  39. - Reformed Public Servant - Friday, Mar 20, 15 @ 5:42 pm:

    Lisa is not necessarily “right” on this - her’s is a political office, not the IL Supreme Court or federal courts. This LEGAL issue has many defensible sides…
    Its’ Bruce vs. Lisa…ROUND 1 to Lisa! Many more to come…


  40. - Sad Reaility - Friday, Mar 20, 15 @ 5:43 pm:

    “Just volunteer to work for free and you’ll have job for life”

    Why would I do that? I am not for right to work and want people to make as much money as possible. Just telling you about some of the other side of the story. Get ready for a war.


  41. - Formerly Known As... - Friday, Mar 20, 15 @ 5:43 pm:

    ==But when it comes to pensions, I am going to sit quietly during negotiations. Then I am going to fight in court for a blatantly unconstitutional law. ==

    Yours truly,

    Lisa Madigan


  42. - Mitch59 - Friday, Mar 20, 15 @ 5:44 pm:

    Yes by all means, keep spending tax dollars on attorney fees!


  43. - Oswego Willy - Friday, Mar 20, 15 @ 5:45 pm:

    ===Lisa is not necessarily “right” on this - her’s is a political office,…===

    Are you saying the Attorney General’s office isn’t following the law in its interpretation?

    Please explain.

    Seems pretty clear opinion, rationale, and process to achieve its conclusion.

    Please explain that too.


  44. - Anon - Friday, Mar 20, 15 @ 5:46 pm:

    @Sad. Contrary to what Rauner and his pals would like you to believe, Illinois is competitive with surrounding and other states. And as the announcement from CAT about moving to Mexico shows, it’s not about making Illinois competitive with other states. It’s about increased profits against the backdrop of fewer regulations and worker protections. How low can Rauner and his friends go? Low, very, very low.


  45. - Angry Chicagoan - Friday, Mar 20, 15 @ 5:47 pm:

    I think RTW zones would be unworkable, and that’s probably why this opinion is the way it is. Even zoned tax abatement regimes were a tough stretch, and required serious legislative work (see the 1982 Illinois Enterprise Zones Act). Meanwhile Chicago is still bringing in new (big) business at a very good clip, but the state’s small business climate stinks.

    Really, both sides of the aisle have it wrong. It needs to be much bureaucratically easier to start and nurture a small business here than it is. A five percent tax rate and a closed shop and even proper workers’ compensation never seriously hurt anyone, but being denied business licenses or planning and zoning permission or prevented from using a perfectly serviceable space can be a dealbreaker, no matter whether the reason is onerous state regulation or politicized aldermanic disapproval.


  46. - MrJM - Friday, Mar 20, 15 @ 5:47 pm:

    Concern troll is s̶a̶d̶ concerned.
    http://www.urbandictionary.com/define.php?term=concern+troll

    – MrJM


  47. - Oswego Willy - Friday, Mar 20, 15 @ 5:47 pm:

    === Get ready for a war.===

    You and Sonny Corleone…lol

    Rauner can’t get 30, can’t get 60, so no General Assembly.

    The war is over, no one told you yet…


  48. - Anonymous - Friday, Mar 20, 15 @ 5:48 pm:

    Just Lisa giving her opinion on what her father said yesterday at the family dinner. That’s all it is a opinion….


  49. - Langhorne - Friday, Mar 20, 15 @ 5:48 pm:

    Any response from rauner?

    Maybe: we will take this under advisement, it’s just an opinion? Our lawyers have a different opinion.

    Or, this makes withholding fair share dues all the more important?

    Name calling– this just shows how deeply the corrupt bargain is entrenched, where the right of local governments to decide what is best for the people they serve, including Union members, is denied. Lisa madigan was endorsed, funded and supported by unions, blah, blah, blah.

    Denial–we will just have to take the fight to the GA

    ——-
    It’s the FY 15 budget, stupid. How many days til an agreement? Who will run the prisons after missing payroll?


  50. - Oswego Willy - Friday, Mar 20, 15 @ 5:49 pm:

    - Anonymous -, is that you John Kass?


  51. - AnonymousOne - Friday, Mar 20, 15 @ 5:50 pm:

    ==How did this guy get elected/?==

    By some not very bright people who think like high schoolers—they want to hang out with the popular kids thinking all the good stuff will rub off on them. In this case, I guess some of the voters thought that they’d earn 54 million/year like him and maybe add a half dozen houses to their ownership. Celebrity worship, in short. Be like Mike…..only it’s Bruce. Sad they got duped but they probably still don’t get it.


  52. - Anon - Friday, Mar 20, 15 @ 5:50 pm:

    @Anonymous. Legal opinion. Not just an opinion. Big difference.


  53. - olddog - Friday, Mar 20, 15 @ 5:51 pm:

    @ - Sad Reaility [sic] 5:30 pm === Ask yourself if I was going open a business would I put it in Illinois? ===

    Ask yourself: Are your customers in Illinois? If you’re really in business (and not just repeating ideological talking points), you might want to put your business where your customers are.


  54. - Mitch59 - Friday, Mar 20, 15 @ 5:52 pm:

    I agree Anon! Most of his supporters are still waiting to hear from him!


  55. - The Dude Abides - Friday, Mar 20, 15 @ 5:52 pm:

    @Sad Reality, so you suggest that paying lower wages and benefits will attract more businesses to this state. Income taxes are higher in virtually every other state in the Midwest than they are in Illinois.
    Remember that our economy is about two thirds driven by consumer spending. If you reduce middle class wages in every corner of the state all those workers will have less money to spend and tax revenue to the state will be reduced.


  56. - One of the 35 - Friday, Mar 20, 15 @ 5:52 pm:

    While the AG’s opinion is certainly important and well informed, it is still just an opinion.


  57. - Mitch59 - Friday, Mar 20, 15 @ 5:53 pm:

    Anon 1


  58. - Mitch59 - Friday, Mar 20, 15 @ 5:54 pm:

    I suggest a flat tax, raise sales tax and anyone that s a billionaire will finally pay their share!


  59. - Union - Friday, Mar 20, 15 @ 5:54 pm:

    Look outside the box! Lisa has had millions of dollars of UNION campaign donations over the years, He opinion somehow favors the Unions forced collection of dues?? The Unions use these dues to support mostly Democratic candidates. With out the Union Donations, the Democratic party will not have the donations they need. But you have to remember she is not supporting the Union worker! Trying to cut pensions, attempting to stop back pay owed to the workers? Its self preservation! http://ballotpedia.org/Lisa_Madigan http://articles.chicagotribune.com/2013-04-05/news/chi-bigdollar-donors-favor-lisa-madigan-in-1st-quarter-20130405_1_union-donations-attorney-general-lisa-madigan-illinois-laborers


  60. - Grandson of Man - Friday, Mar 20, 15 @ 5:55 pm:

    This is great news. I would love to see the EO struck down next. I believe the reasons behind the EO do not justify breaking union contracts and violating the law.


  61. - Formerly Known As... - Friday, Mar 20, 15 @ 5:56 pm:

    ==hers is a political office==

    Her actions increasingly reflect this.

    No opinion on any of the pension proposals when requested, but an opinion on this proposal in less than 30 days. No defense of some laws she personally disagrees with, but a vigorous defense of the pension theft law.


  62. - Enviro - Friday, Mar 20, 15 @ 5:56 pm:

    More confrontation will not lead to an agreement on the Illinois state budget. The governor just can’t help shooting himself in the foot. Make it stop.


  63. - Sad Reaility - Friday, Mar 20, 15 @ 5:57 pm:

    ” How low can Rauner and his friends go? Low, very, very low.” I agree with you-not a fan. I follow all the financial reports on the state and Chicago regarding credit ratings. I want my pension and thank god I work for the state because the state cannot declare bankruptcy. However city and towns can. It will be a war to keep our wages and jobs.


  64. - Oswego Willy - Friday, Mar 20, 15 @ 5:57 pm:

    So - Union -, the Illinois Attorney General is not part of the “corrupt bargain”?

    The only one looking to allegedly break laws is the Governor of Illinois with Fair Share as an alleged theft.

    Take off the tin foil hat, read the opinion, the rationale, then get back to us.


  65. - Formerly Known As... - Friday, Mar 20, 15 @ 5:58 pm:

    ==Lisa has had millions of dollars of UNION campaign donations over the years==

    And she may be running for Senate or Governor one day.

    Not that it would ever enter her mind when making contradictory choices about what to speak up on and what not to.


  66. - zonz - Friday, Mar 20, 15 @ 6:00 pm:

    === “- Demoralized - Friday, Mar 20, 15 @ 4:56 pm:
    …An opinion from the AG that says they can’t do it is likely going to weigh heavily on any local government considerations. While Rauner will undoubtedly continue to talk about this issue I don’t think a local government will touch the local right to work zone issue now.” ===
    NO local gov’t SHOULD spend precious budget dollars to challenge the AG opinion in Court. Absent an OK from an IL court, this MightyBruce idea is now but a pipedream.

    IN WI there is a law firm (actually a couple) kept busy generating *fix-this* proposals and cranking out legislation to address the wishes of the anti-labor /small-gov’t cabal lead by John Menard, other WI gazillionaires, Koch Bros., et al.

    Who is doing the same for Team MightyBruce?


  67. - Steve - Friday, Mar 20, 15 @ 6:04 pm:

    It’s hard to argue with Lisa Madigan’s interpretation of the law. It’s pretty straight forward. If you want a right to work law, you have to have a right to work law passed through the legislature. Rauner may get his way after Obama leaves office. We may be getting a national right to work law if we get a Republican Congress and Republican Senate.


  68. - Formerly Known As... - Friday, Mar 20, 15 @ 6:04 pm:

    ==The Attorney General’s opinion makes it pretty clear==

    that this is all about to be tested in court.

    This is exactly what Rauner wants. More attention on this so he can say he is working to ==shake up Springfield== and fight the ==corrupt bargain==.


  69. - Anonymous - Friday, Mar 20, 15 @ 6:05 pm:

    Again a opinion from a elected official backed by all the unions and of course her only boss . Oh sorry forgot she dosent have a boss ….. But what a nice dad


  70. - Oswego Willy - Friday, Mar 20, 15 @ 6:06 pm:

    Well, good luck with that, “- Anonymous -”/Kass, lol


  71. - zonz - Friday, Mar 20, 15 @ 6:06 pm:

    Menard is prolly advising TeamMightyBruce

    Retail Smackdown http://www.milwaukeemag.com/2009/05/20/retailsmackdown/

    John Menard Retail Bizarro http://www.milwaukeemag.com/2011/02/01/JohnMenard_RetailBizarro/


  72. - New Guy - Friday, Mar 20, 15 @ 6:07 pm:

    CAT is moving to Mexico, not Wisconsin, Indiana, or any neighboring states that Rauner likes to compare us to. It would be pretty hard for Illinois to compete with Mexico’s labor policies or lack of. However, I am sure Rauner will blame it on the Unions.


  73. - Rich Miller - Friday, Mar 20, 15 @ 6:11 pm:

    Anonymous 6:05, I’d be interested to know if you had read the official opinions or if your comment was an instant kneejerk response. I’m guessing the latter.


  74. - Educated in the Suburbs - Friday, Mar 20, 15 @ 6:12 pm:

    “Rauner’s legal drivers on RTW, and “fair” wages, and no union dues, are probably from out of state”

    Indianapolis, in fact.


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