Fair share fees freed up
Friday, Apr 10, 2015 - Posted by Rich Miller
[Comments are now open.]
* From a press release. ..
state court restores fair share fees while union case is pending
A Circuit Court judge has issued an Agreed Order requiring state agencies to immediately reinstate the transmission of ‘fair share’ fees deducted from employee paychecks.
On March 5, the Illinois AFL-CIO and 26 unions representing more than 40,000 Illinois state employees filed suit in St. Clair County Circuit Court to invalidate an executive order issued by Governor Bruce Rauner that bars state agencies from collecting the fees, which are authorized under state law and multiple collective bargaining agreements. The fees cover the proportional cost to the union of providing representation to those employees.
The court order, issued by Associate Judge Christopher Kolker, is based on an agreement reached between the Rauner Administration and the affected labor unions. It requires the Administration to “remit fair share fees…pending the resolution of the case” and to transmit “the correct payroll information” regarding gross pay for affected employees to the Comptroller.
“We continue to believe that the governor’s executive order is meant to weaken the right of state employees to have effective union representation,” said Illinois AFL-CIO president Michael T. Carrigan. “We’re pleased that all fair share agreements will now be honored while our legal challenge is proceeding.”
Some of you old timers might remember Judge Kolker from his House staff days.
…Adding… From the governor’s office…
The Administration and the unions have reached an agreement that will speed up the case and remove legal obstacles to resolving the underlying First Amendment issues as efficiently as possible. As part of this deal, the unions agree to an expedited timeline for the case and to forego the possibility of compelled arbitration. In exchange, we resume paying fair share fees, but obviously we will still assist nonmembers in recovering those fees from the unions when we ultimately prevail. There are two tracks – one in federal court and the other in state court — to get this case in front of the U.S. Supreme Court, which is where it must be conclusively decided, as soon as possible.
- Anon - Monday, Apr 13, 15 @ 8:51 am:
Haha!!
- Skeptic - Monday, Apr 13, 15 @ 8:53 am:
“recovering those fees from the unions when we ultimately prevail.” What about recovering the tax money spent on the lawyers when you ultimately fail?
- Wordslinger - Monday, Apr 13, 15 @ 8:56 am:
Yeah, it won’t take any time at all to get the U.S. Supreme Court. Just use the express lane.
Rauner must have finally listened to a competent lawyer on withholding. Maybe he can listen to another one on standing.
- Oswego Willy - Monday, Apr 13, 15 @ 8:59 am:
===There are two tracks – one in federal court and the other in state court — to get this case in front of the U.S. Supreme Court, which is where it must be conclusively decided, as soon as possible.===
Dunno if the Federal jurisdiction will be possible in fair share, so the unions obliging Rauner is a great move for them. Smart politics.
Also, 1st Amendment “standing” in Fed Court might be a stretch & contract law in state court makes outcome questionable for Guv, I think(?)
- PublicServant - Monday, Apr 13, 15 @ 9:00 am:
The unions gave nothing, Bruce. Your actions are clearly illegal, so expediting the lawsuit is clearly in their interest. And arbitration? There’s nothing to negotiate over, so no give there either. You got nothing, B. Go back to the Koch’s to find out what they’d like you to try next.
- Sick of it - Monday, Apr 13, 15 @ 9:13 am:
By the way they worked the payroll change for the fair share deduction I actually ended up with a $9 take home raise…… Of course I am sure they will take that back sometime in the future!
- A Jack - Monday, Apr 13, 15 @ 9:20 am:
Wasn’t he just saying there was no deal? Yet suddenly there is a deal?
- Norseman - Monday, Apr 13, 15 @ 9:27 am:
You don’t come to an agreement when you have a strong position. This tells me that they agreed to avoid it looking like a defeat. Merely delays when the real defeat happens.
- Frenchie Mendoza - Monday, Apr 13, 15 @ 9:28 am:
Hahaha!
More weak Rauner.
Weak. Very weak.
- G'Kar - Monday, Apr 13, 15 @ 9:37 am:
The only people who think this is an issue that needs to be “conclusively decided, as soon as possible” are Rauner, the 1%, and their lackeys like the IPI. It was never really an issue before Rauner was elected and he made it an issue.
- Roadiepig - Monday, Apr 13, 15 @ 9:37 am:
Spin it any way he wants, but just another loss for the man who “never loses.”
Plenty more of these to come , as long as he still wants to rule like a CEO and not as the head of one of three co-equal branches of state government.
- Grandson of Man - Monday, Apr 13, 15 @ 9:42 am:
“Also, 1st Amendment “standing” in Fed Court might be a stretch”
I believe that it is a stretch because Rauner can’t speak for the First Amendment rights of people with whom he has nothing in common–workers who are employed in unionized state jobs. Quite a few workers have had many years of paying fair share fees, and they didn’t feel their First Amendment rights were violated to the point of filing lawsuits. Now Rauner, a non-worker, comes along and files a lawsuit about fair share fees. I don’t see how he could have standing.
- Anon - Monday, Apr 13, 15 @ 9:44 am:
Scared to take his scheme to the legislature for a vote.
- Archiesmom - Monday, Apr 13, 15 @ 9:49 am:
And if either of these cases make it to SCOTUS, he should get a decision around the time his term is up.
- Minnow - Monday, Apr 13, 15 @ 9:51 am:
I thought he found 3 people to file the suit.
- Juvenal - Monday, Apr 13, 15 @ 10:14 am:
Bruce Rauner has been successful at everything he has ever done, and this is yet another victory.
- VanillaMan - Monday, Apr 13, 15 @ 10:18 am:
Gubernatorial powers have been clarified further for a man who thinks he is a king.
- 47th Ward - Monday, Apr 13, 15 @ 10:25 am:
===Some of you old timers might remember Judge Kolker from his House staff days.===
Man, being called an old timer kind of stings a little, but I laughed so hard when I read this on Saturday. Too funny. I would have loved to be there when they explained who the judge was to Governor Rauner.
TII.
- Pot calling kettle - Monday, Apr 13, 15 @ 10:57 am:
I’m waiting for Rauner to say he adamantly, adamantly opposes the agreement.
- walker - Monday, Apr 13, 15 @ 11:11 am:
Looks like they held the fees hostage to avoid arbitration and any delays in getting this into court.
Obviously a piece of a national campaign on the issue. The lawyers are not to be underestimated. Rainer is a bit player in this drama, though quite willing to play his part.
- Anonymoiis - Monday, Apr 13, 15 @ 11:29 am:
==Looks like they held the fees hostage to avoid arbitration and any delays in getting this into court.==
This. Those who think the unions gave up nothing in this need to read the original complaint closer. They appear to have agreed to drop numerous arguments and avenues they initially persued in a big chunk of their complaint.
- Newsclown - Monday, Apr 13, 15 @ 12:29 pm:
Hey, Does Rauner like Del Shannon?
As I walk along
I wonder, what’s so wrong
with unions,
that Brucie hates so long?
And as I still walk on,
I think of
the things he’s done to help us,
…and I can’t think of one.
(chorus)
Staff get raises, at rates insane.
Budget frozen, we’re feelin’ pain.
He’s wishin’ courts to hear his plea:
“Please, be like Missouri!”
And I wonder;
when he’ll start to govern?
Why,
The g’s all went away?
and I wonder, how much is minimum pay,
when it’s done Rauner’s Way
ah, run-run-run- from Rauner’s way…
(Evelyn organ solo goes here)
(chorus 2)
Union bashing every day,
but corporate donors are A-OK.
Takes advice from “superstars”-
Can’t wait ’til he meets JCAR.
And I wonder
!wa-wa-wa-wa-wonder
why
He don’t get “impaired” (and hates Fair Share)
And I wonder, where g’s will stay
when talking Rauner’s Way?
He says you’d better do it, Rauner’s Way….
- Back Woods - Monday, Apr 13, 15 @ 12:47 pm:
Well, here goes.
Received second paycheck since the fairshare changes made by the Guv. When I average out the two pay checks here’s is what I got:
Gross Pay averaged the same as my contract pay scale; paid $.13 less to the Feds; paid $.01 more to FICA; got paid $2.60 less in Net Pay; and, WAIT FOR IT ————-
paid $2.60 more to Union.
Didn’t the Guv say he was going to put more money in my pocket and less to those Corrupt Union Bosses?
- Ghost - Monday, Apr 13, 15 @ 12:52 pm:
An agreement before the court enteted a crushing order finding a likelihood of success and staying what the gov did.
- Precinct Captain - Monday, Apr 13, 15 @ 1:37 pm:
When he loses, it was part of a “deal,” meaning he didn’t really lose, but is there any evidence there was a deal? Not that I have seen. So much for Bruce “I’ve been successful at everything I’ve done” Rauner.
- Lt. Guv. - Monday, Apr 13, 15 @ 2:48 pm:
Go get ‘em Chris!
- VanillaMan - Monday, Apr 13, 15 @ 2:52 pm:
Well done News Clown!
I wish I knew the tune!
- 47th Ward - Monday, Apr 13, 15 @ 3:12 pm:
===I wish I knew the tune!===
Now I’m really feeling old. Thanks for piling-on kid.
- ChelseaBlue - Monday, Apr 13, 15 @ 3:26 pm:
I’m wondering how many state employees (like me) determined this little shenanigan was sufficient justification to leave Fair Share and fully join the union.
- Rich Miller - Monday, Apr 13, 15 @ 3:30 pm:
@ChelseaBlue, keep up. It’s 1000+
http://www.chicagobusiness.com/article/20150328/ISSUE07/150329794/dont-mention-the-u-word-around-rauner
- No Longer A Lurker - Monday, Apr 13, 15 @ 3:36 pm:
Bravo Newsclown!! Well done indeed.
Here you go VanillaMan
https://www.youtube.com/watch?v=8TLLcvWeiKw
Man, do I feel old.
- ChelseaBlue - Monday, Apr 13, 15 @ 4:13 pm:
See, I miss two weeks and immediately show that I haven’t done my homework.
But a thousand Fair Share conversions? Wow.
You allude to it in your column, and plenty of people have said that he’s simply charming when talking to him in person. But at some point, doesn’t he have to move beyond simple charm and actually try to make some allies? And by allies, I mean people not purchased for a portion of $20 million. Those are servants, not allies.
- Midwest Mom - Monday, Apr 13, 15 @ 5:39 pm:
Thanks Newsclown! I know the tune well from my days listening to Capt Rat and the Blind Rivets down in Champaign!