70 Comments - Arsenal - Tuesday, Jun 9, 15 @ 1:25 pm: This: ==If there is indeed a government shutdown, however large or small that is, that’s what taking on the Illinois political machine looks like.== Seems to pretty heavily contradict this:==If it happens in Illinois, the usual crew will be taken care of: Under state law, politicians, pensioners and government workers will still collect paychecks.== There’s nothing substantive behind this, it’s just one more turf war with Madigan. Same as it ever was. - Juvenal - Tuesday, Jun 9, 15 @ 1:28 pm: Smart, thoughtful piece from McQueary. - Reality Check - Tuesday, Jun 9, 15 @ 1:32 pm: It’s good that McQueary wants to avoid a shutdown and is trying to cool Rauner’s rhetoric. To that end she should encourage him to sign SB 1229 to allow for arbitration and avoid a lockout or strike. - Just Me - Tuesday, Jun 9, 15 @ 1:33 pm: People and groups like IPI just want to watch the state burn under the belief they can help re-build it from the embers. - foster brooks - Tuesday, Jun 9, 15 @ 1:36 pm: No strike talk with the Teamsters yet and I doubt there will be. - Mouthy - Tuesday, Jun 9, 15 @ 1:37 pm: All the bad things that will happen if the state shuts down are not a concern to the oligarchs of the Illinois Policy Institute. After all those bad things will happen to people they don’t care about… - Cassiopeia - Tuesday, Jun 9, 15 @ 1:38 pm: Since the AFSCME contract expires on June 30th what is to stop the Governor from just ignoring the union and operate state government just using the Personnel Code? Everybody just goes to work as usual. - Rich Miller - Tuesday, Jun 9, 15 @ 1:39 pm: === what is to stop the Governor=== The contract itself. - ash - Tuesday, Jun 9, 15 @ 1:40 pm: She has an undergraduate degree in journalism — that is the full extent of her background. Take it for what it is worth… - ash - Tuesday, Jun 9, 15 @ 1:42 pm: …not to say journalism is a bad thing. She just lacks any real experience and her idea of journalism is spin. - Oswego Willy - Tuesday, Jun 9, 15 @ 1:43 pm: Is @StatehouseChick saying Rauner would “own” these problems? Asking for a friend… - Team Sleep - Tuesday, Jun 9, 15 @ 1:43 pm: Both sides need to calm down. IPI types need to shush and realize that a government shutdown - especially a total government shutdown - is not really good for anyone. The Senate Dems need to stop tweeting things akin to “Oh, the humanity!” when the budget impasse may result in the possibility of not hiring more conservation officers. As always, the middle ground seems the most reasonable. - Wordslinger - Tuesday, Jun 9, 15 @ 1:44 pm: Rickert can certainly put a cheery face on firing tens of thousands of citizens and shutting down state government. Tne Chicago Fire would have been an awesome weenie roast to her. Since she’s at an alleged “think tank,” could she give us the benefit of her scholarship as to the Brignt Sunny Day that will emerge from her coveted chaos? No “shake em up” buzz words or talking points. What are the actual “reforms” at this point, what are their intent, and what will be the tangible, measurable benefits that justify the hardship and risks of these radical measures of firings and shutdowns? Or is she just trolling for contributions from the Usual Suspects? - Rich Miller - Tuesday, Jun 9, 15 @ 1:45 pm: ===After all those bad things will happen to people they don’t care about=== They are classic chickenhawks. - Conusone - Tuesday, Jun 9, 15 @ 1:45 pm: What’s WRONG with an undergraduate degree in Journalism? - tominchicago - Tuesday, Jun 9, 15 @ 1:45 pm: === what is to stop the Governor=== The contract itself. And the Illinois Public Labor Relations Act as well. - Kevin Highland - Tuesday, Jun 9, 15 @ 1:49 pm: === what is to stop the Governor=== The contract itself. And the Illinois Public Labor Relations Act as well. How does the contract prevent this from happening if he gives a horrible Final Best Offer that is unacceptable. What part of Illinois labor law stops him from lowering everyones wages by say 50%? I’m not being snarky I’d like to know this information but don’t know where to find it. - Arsenal - Tuesday, Jun 9, 15 @ 1:51 pm: Sorry, I guess this one might be a turf war with the unions, instead. Sure, haven’t seen that before! - tominchicago - Tuesday, Jun 9, 15 @ 1:52 pm: Loosely speaking, the Illinois Public Labor Relations Act provides a right of all government employees to collectively bargain the terms of their employment. In other words, the governor can’t unilaterally set wages etc. - Anonymous - Tuesday, Jun 9, 15 @ 1:55 pm: Regarding the universities, CSU has come close to missing payroll a few times due to the state being behind in making payments. It is not unreasonable to think that stopping payments from the state would impact the payroll in a very real way at CSU at least. - Ra's al Ghul - Tuesday, Jun 9, 15 @ 2:00 pm: ==just want to watch the state burn under the belief they can help re-build it from the embers.== I have to say it’s not the worst idea. - Anonymous - Tuesday, Jun 9, 15 @ 2:00 pm: == CSU has come close to missing payroll a few times due to it being a corrupt, terribly run, money pit== Fixed it for you. - anon - Tuesday, Jun 9, 15 @ 2:03 pm: === No strike talk yet with the Teamsters and I doubt there will be’ === Do the Teamsters think their state workers will be spared from the loss of benefits and protections the gov has proposed taking away from their colleagues in AFSCME? If so, why? - veritas - Tuesday, Jun 9, 15 @ 2:06 pm: ==just want to watch the state burn under the belief they can help re-build it from the embers.== Working great in Iraq! Another version of “we have to destroy it in order to save it.” - Juvenal - Tuesday, Jun 9, 15 @ 2:06 pm: From Wiki, what we have to look forward to if there is no budget: The Minnesota State Lottery did not sell tickets during the shutdown, which meant the state could have lost about $1.25 million in revenue daily. Minnesota stopped selling tax stamps for cigarettes, which must be affixed to each pack before sale. The Star Tribune reported that cigarette sales would come to a halt by mid-August if no more tax stamps were issued. The state also stopped issuing liquor purchasing cards, which businesses need in order to purchase liquor from wholesalers. Many stores, bars, and restaurants renewed their liquor purchasing cards before the shutdown. However, the purchasing cards for approximately three hundred establishments expired on the first day of the shutdown, July 1. Liquor purchasing cards would have continued to expire on the first day of each month. Alcohol brand licenses expired, so MillerCoors lost their license to sell 39 brands of beer in Minnesota, and had to have them removed from shelves. - birds - Tuesday, Jun 9, 15 @ 2:09 pm: When a contract expires, the terms of that contract are no longer binding. Generally, it is a mutual agreement by both parties to continue under the terms of the old contract while bargaining, but they are not bound to do so. The termination clause in AFSCME’s contact says: “This Agreement shall be effective July 1, 2012, and shall continue in full force and effect until midnight June 30, 2015, and thereafter from year to year, unless not more than 180 days, but not less than 60 days prior to June 30, 2015, or any subsequent June 30, either party gives written notice to the other of its intention to amend or terminate this Agreement.” I guess a question is… has that 60 day notice been given? - Wallinger Dickus - Tuesday, Jun 9, 15 @ 2:21 pm: Conusone – Nothing wrong with a J degree that a good, grizzled editor can’t cure. Just like a house, a good foundation needs solid walls and a decent roof. Ms. Rickert’s got nothing up top. - Stones - Tuesday, Jun 9, 15 @ 2:25 pm: birds @ 2:09 I notice has not been tendered. Under that scenario, the current terms (including work hours, wages, etc.) remain in effect until a strike or lockout occurs after proper notice is filed by either party. Correct me if you know different but that is my understanding of the law as it applies to collective bargaining in Illinois. - workerbee - Tuesday, Jun 9, 15 @ 2:31 pm: Here’s what the NY Times reported: “And so, on the eve of a holiday weekend, residents were likely to find the state’s parks, historical sites and the Minnesota Zoo closed, hunting and fishing licenses no longer being issued, and that state’s lottery system and racetracks unavailable. Minnesota’s 84 major rest areas along highways were closed…” Does that paint a rosy picture of your 4th of July holiday? I guess it depends on which “80% of government” continues to operate doesn’t it? - birds - Tuesday, Jun 9, 15 @ 2:33 pm: Stones, I think you’re correct, but I wonder if a standard demand to bargain would be considered an “intention to amend” the agreement? I would think so. - walker - Tuesday, Jun 9, 15 @ 2:38 pm: No government too small, for the brains at IPI. - Norseman - Tuesday, Jun 9, 15 @ 2:39 pm: Word, well said. As you referenced, I couldn’t help but laugh at this line from Rickert: “The long-term benefits of enacting Rauner’s reform agenda far outweigh any short-term impact of a temporary government shutdown.” She has no clue as to what are those long-term benefits. - Grandson of Man - Tuesday, Jun 9, 15 @ 2:39 pm: Some of the people at the IPI are nihilists. They don’t care about consequences as long as they get their way. And what do they want, Kansas? Kansas, with it’s IPI-style government, is crashing. I credit the unions and Illinois Democrats for stopping a version of Kansas in Illinois, so far under the Rauner administration. That’s what Rauner would have got with a Republican state legislature. Unions are trying to prevent chaos with the anti-strike bill. Republican union members should pressure their legislators to stand up for them and override a veto, if it comes to that. Maybe some votes can be had to push the numbers into a supermajority. - BIG R. Ph. - Tuesday, Jun 9, 15 @ 2:45 pm: Now that 50% of the Medicaid population has been forced to go the (barely) Managed Care route will the plans (and the downstream providers) get paid? I say cut them off and let the squawking begin. It’ll be over by July 4th (after the fireworks of course) No snark intended - AC - Tuesday, Jun 9, 15 @ 2:49 pm: “Where a collective bargaining agreement is terminated, or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse under Section 14, the employer shall continue to honor and abide by any dues deduction or fair share clause contained therein until a new agreement is reached including dues deduction or a fair share clause.” - 5 ILCS 315/ Illinois Public Labor Relations Act. - moby - Tuesday, Jun 9, 15 @ 2:55 pm: Sometimes I think SOME non-state employees are all for a government shutdown or just don’t really care much about it one way or the other. However, things could get ugly really quickly in the Springfield economy if 15,000+ decently paid Sangamon Co. residents all of the sudden have no cash flow. Give it a few weeks, and I bet the car dealers and local realtors start caring about their customers pretty quickly. - A guy - Tuesday, Jun 9, 15 @ 3:04 pm: She’s not helping at all. - Cook County Commoner - Tuesday, Jun 9, 15 @ 3:05 pm: I’m wondering if today’s NJ Supreme Court ruling holding there is no constitutional right to government pension plan funding has any application to the Illinois situation. I suspect that the legal eagles on both sides of the GA aisle are pouring over it as we speak. - Frenchie Mendoza - Tuesday, Jun 9, 15 @ 3:07 pm: The Twitter feed from the ILGOP this afternoon is as shrill as the stuff that’s coming from Rickert. Seriously — Trover et al. needs a squelch control. Rickert’s job is not to help anything — I realize that. She’s a hack. But the heightened — and heightening — talk from side of the aisle is sending the neighborhood dogs into a frenzy. - very old soil - Tuesday, Jun 9, 15 @ 3:12 pm: The economic impacts would be much greater than she can imagine. “On average, the Illinois Department of Agriculure issues 6,100 Phytosanitary Certificates for exports valued at nearly 4 billion dollars from the State of Illinois each year. Examples of plant and plant products exported are corn seed, corn meal, corn grits, popcorn, soybeans, sunflower seed, flower and vegetable seed, onion sets, orchids, ornamental nursery stock, and greenhouse plants, just to name a few.” What will Rauner say when ADM calls? - Wordslinger - Tuesday, Jun 9, 15 @ 3:17 pm: CCC, I believe the Illinois Supremes have said we’re not going to tell you how to fund it, but you absolutely have to pay it. - Pelonski - Tuesday, Jun 9, 15 @ 3:17 pm: “How does the contract prevent this from happening if he gives a horrible Final Best Offer that is unacceptable. What part of Illinois labor law stops him from lowering everyones wages by say 50%?” The Governor can only make a final offer once the two parties are at impasse. An impasse occurs when there is no further room for negotiation on either side. That is unlikely to be the case on July 1. Even after a contract expires, the terms of employment cannot be unilaterally changed by the Governor while negotiations continue. This would almost certainly be considered an unfair labor practice. Certain provisions of the existing contract would no longer apply, but current pay and benefits should be unaffected. The NLRB has a website which addresses some of these issues: http://nlrb.gov/rights-we-protect/employerunion-rights-and-obligations (Technically, this doesn’t apply to state employees since they aren’t covered by the NLRB, but the protections afforded by the Illinois Public Labor Relations Act largely mirror the NLRB rules.) - very old soil - Tuesday, Jun 9, 15 @ 3:17 pm: Or when you can’t get a steak because there are no meat inspectors. - Six Degrees of Separation - Tuesday, Jun 9, 15 @ 3:22 pm: I’m wondering if today’s NJ Supreme Court ruling holding there is no constitutional right to government pension plan funding has any application to the Illinois situation. See IFT v. Lindberg. The ISC has already ruled that there is no constitutional duty to provide adequate actuarial funding for the pensions, just a duty to pay the obligations when they are due. The ruling in IFT v. Lindberg has allowed pension payment skipping of all sorts in IL for several decades. Not sure what, if anything in the NJ case would be germane here. - kimocat - Tuesday, Jun 9, 15 @ 3:52 pm: What is it with this crew? Their ignorant, over-the-top rhetoric is offensive. Do they really think they are going to get their way by dripping with contempt for middle class government employees and private sector union members? - Wordslinger - Tuesday, Jun 9, 15 @ 3:54 pm: Kimocat, they might not get their way, but they will collect some powerful checks from misanthropes who go for that sort of thing. - Peoria Guy - Tuesday, Jun 9, 15 @ 3:58 pm: The notice to terminate the contract is routine. - Kevin Highland - Tuesday, Jun 9, 15 @ 4:15 pm: The below PDF is interesting. The IL Supreme Court has already said: “The court sustained the Governor’s vetoes and held that no statutorily-mandated contractual relationship existed with regard to funding. The court also observed that the legislature could have easily enacted such a provision had it chosen to do so. Furthermore, the court recognized that the sponsors of section 5 of article XIII of the 1970 Constitution only intended to guarantee that pensioners would receive the full amount of their pensions, and that the framers never intended to place a constitutional restriction on the Governor’s ability to reduce annual appropriations to the pension systems. ” –From Page 4 of the below PDF. http://cgfa.ilga.gov/upload/2008%20january%20handbook%20of%20illinois%20pension%20case%20law.pdf - Theo's Houseboy - Tuesday, Jun 9, 15 @ 4:24 pm: For what it’s worth, the lead negotiator made it clear a while back that they had submitted to terminate the contract on July 1st. It’s true that it’s mainly a formality, but they have done it. - Federalist - Tuesday, Jun 9, 15 @ 4:37 pm: What’s WRONG with an undergraduate degree in Journalism? Nothing if you are speaking on topics related to journalism. But stray outside that and you had better have some substance on what you are talking about or you can look like a fool. Personally I think that Ms. Rickert is doing a pretty good job at that. - Foghorn - Tuesday, Jun 9, 15 @ 4:39 pm: “What, I say what are ya saying Boy?” Union members state employee can go on strike if the pre-requisites are met. - kimocat - Tuesday, Jun 9, 15 @ 4:42 pm: I looked at this woman’s bio — talk about flimsy! Mostly a series of pretty short term free lance writing gigs. She has never run anything — government or otherwise and has no relative experience or education. But she does have a V.P. on her door at the IPI, so she must be brilliant? What a shill. - Federalist - Tuesday, Jun 9, 15 @ 4:44 pm: I have read the press releases on the NJ decision and I am still not certain how this is being interpreted as to applying to those those already retired. If the NJ SC is of the opinion that they can cut those already retired they have not read the federal constitution which makes it very clear that states must honor their contracts. And this certainly is a contract even under most conservative view of any legal reasoning. - Norseman - Tuesday, Jun 9, 15 @ 4:49 pm: There are a number of journalists who turned into excellent political operatives and government managers. Many of my journalism classes and most of my poli sci classes taught analytical thinking. Unfortunately some students like Rickert didn’t pick that up. - anon - Tuesday, Jun 9, 15 @ 4:50 pm: Haven’t had time to read the lengthy opinion yet but the syllabus suggests that the ruling is consistent with some of those from the Illinois Supreme Court, i.e. that the courts won’t get involved in funding/appropriation questions but will enforce the right to be paid for the pension. From the NJ syllabus: “The Court also emphasizes that its analysis does not conflate the issue of the State’s obligation to pay pension benefits with the issue whether Chapter 78 legally binds the State annually to make the scheduled payments into the pension systems. The Court’s holding is, simply, that Chapter 78 cannot constitutionally create a legally binding, enforceable obligation on the State to annually appropriate funds as Chapter 78 purports to require. (pp. 53-61)” - bluegrass boy - Tuesday, Jun 9, 15 @ 5:17 pm: Simply put Rauners ideas have always been…Tear it apart then rebuild. He DOES have the power to envoke a lock out. His claim will be….. State that unions have waged “war” against tax payers, to pit neighbor vs neighbor. Shakin Springfield Up-SSP - A Jack - Tuesday, Jun 9, 15 @ 5:27 pm: Oh, I don’t know, it might be nice to give anarchy a try. Of course the IPI might have to find new jobs if there is no government to advise. - RNUG - Tuesday, Jun 9, 15 @ 5:44 pm: == I’m wondering if today’s NJ Supreme Court ruling holding there is no constitutional right to government pension plan funding has any application to the Illinois situation. == Adding to what - wordslinger -, - Six Degrees of Separation - and - Kevin Highland - said … Nothing really new that I can see at the moment (subject to more reading). The 2011 NJ law that supposedly required their General Assembly to make a specific level of payments was found invalid due to it’s (attempted) obligation of future GA’s to make those fixed payments being in conflict with a different NJ law preventing the future obligation of funds. ‘… the 2011 pension law “does not create a legally enforceable contract that is entitled to constitutional protection. The Debt Limitation Clause of the State Constitution interdicts the creation, in this manner, of a legally binding enforceable contract compelling multi-year financial payments in the sizable amounts called for by the statute.”’ The key words seem to be “in this manner”. Apparently there is a legal way to do so or they couldn’t issue things like bonds that require multi-year repayments. As others have noted, the IL SC has said the same thing multiple times, starting with IFT v Lindberg in 1975. Going to be spending some time reading it in detail tonight. - burbanite - Tuesday, Jun 9, 15 @ 5:45 pm: Seems like a lose lose scenario… - RNUG - Tuesday, Jun 9, 15 @ 5:47 pm: == But she does have a V.P. on her door at the IPI == Probably carries the same amount of weight as VP at your local bank branch. There the only one with any power is the Executive VP. - Not My Real Name - Tuesday, Jun 9, 15 @ 6:05 pm: It is not true that state funds constitute a small portion of university budgets. Look at EIU and WIU’s budgets as examples. Lack of state funds to these schools would be devestating after a couple of months. They’ve got summer tuition now. But no state funds come August or, at the latest, September, things would start grinding to a halt. - Arthur Andersen - Tuesday, Jun 9, 15 @ 6:12 pm: Fed, I don’t think the NJSC got into the issue of benefits at all. They focused on funding from what I have read so far. - The_Equalizer - Tuesday, Jun 9, 15 @ 6:32 pm: Why again is this amazingly partisan person continuously quoted here? Just because the equally partisan Tribune printed her latest diatribe? I especially love her twitter handle “friend of the little person”. That must be snark. - Wordslinger - Tuesday, Jun 9, 15 @ 6:37 pm: TE, IPI is tight with the governor. He gave them a boatload of money when he was running and he put tneir peeps on the state payroll. IPI, in turn, pledged $10K to his inauguration bash, which is a weird thing for a non-profit, non-partisan “think tank” that doesn’t lobby to do. But they’re a little different, all the way around. - Anonymous - Tuesday, Jun 9, 15 @ 7:06 pm: How would Diana Sroka Rickert feel if we said that she should get fired and that she is over paid? She is a very bad person. Anybody who doesn’t care about people’s livelihood and just takes pot shots at people like her are not good people. - Anonymous - Tuesday, Jun 9, 15 @ 7:06 pm: Like she does Not like her - AnonymousOne - Tuesday, Jun 9, 15 @ 8:36 pm: She’s overpaid. Doesn’t deserve her pay OR any retirement. Apparently, as things are going, no one does. Everyone’s undeserving. - Anonymous - Tuesday, Jun 9, 15 @ 8:45 pm: - AnonymousOne - Tuesday, Jun 9, 15 @ 8:36 pm: She’s overpaid. Doesn’t deserve her pay OR any retirement. Apparently, as things are going, no one does. Everyone’s undeserving. It is sad the way the world is going. - Cold - Tuesday, Jun 9, 15 @ 9:16 pm: The difference between the New Jersey case and prior Illinois Supreme Court decisions is that it holds that the government may not agree to a funding scheme (not forced by another party). No application to SB1, but an agreement to fund is the cornerstone of the pension plans argued by Rahm and Preckwinkle to be completely different from SB1. - Lynn S, - Tuesday, Jun 9, 15 @ 11:36 pm: @ - A Jack - Tuesday, Jun 9, 15 @ 5:27 pm: Oh, I don’t know, it might be nice to give anarchy a try. Of course the IPI might have to find new jobs if there is no government to advise. This is snark, right? Just wanted to make sure. Sorry, comments for this post are now closed.