Capitol Fax.com - Your Illinois News Radar » *** UPDATED x1 *** Fair share suit initiated by Rauner dismissed by federal judge
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 *** Fair share suit initiated by Rauner dismissed by federal judge

Friday, Sep 30, 2016

* Remember this from last year?

Three Illinois state employees added to a lawsuit brought by Illinois Gov. Bruce Rauner challenging the legality of so-called “fair share” fees paid to public employee unions have been cleared by a federal judge to proceed with their litigation against the unions.

Rauner, however, lacks the standing to remain an official party to the lawsuit, the judge said.

Tuesday, May 19, U.S. District Judge Robert W. Gettleman dismissed Rauner’s action against the state worker unions, which included the American Federation of State, County and Municipal Employees (AFSCME) Council 31 and the AFL-CIO.

“In the instant case, the governor has no personal interest at stake,” Gettleman wrote in his opinion, released late Tuesday. “In effect, he seeks to represent the non-member employees subject to the fair share provisions of the collective bargaining agreements. He has no standing to do so. They must do it on their own.”

* And this?

State employees who replaced Gov. Bruce Rauner as plaintiffs in a suit against unions have notified a federal judge that they challenge the constitutionality of compulsory union fees.

Mark Janus, Marie Quigley and Brian Trygg filed the notice on June 1, along with a complaint to replace one that Rauner filed in February.

For Janus and Quigley, the new complaint raises objections to policy positions of the American Federation of State, County and Municipal Employees.

Lawyer Joseph Torres of Chicago wrote that Janus “does not agree with what he views as the union’s one sided politicking for only its point of view.”

“Janus also believes that AFSCME’s behavior in bargaining does not appreciate the current fiscal crisis in Illinois and does not reflect his best interests or the interests of Illinois citizens,” Torres wrote.

* Well, this ruling by US District Judge Robert Gettleman was handed down the other day without anyone really noticing

Plaintiffs Mark Janus and Brian Trygg have brought a second amended complaint challenging the constitutionality of the compulsory collection of union fees under the Illinois Public Labor Relations Act (“IPLRA”), 52 ILCS 315/6. Defendants have moved to dismiss, arguing that the case is controlled by the Supreme Court’s decision in Abood v. Detroit Board of Education, 431 U.S. 209 (1977), which upheld the constitutionality of such assessments. Plaintiffs brought the suit hoping that Abood would be reversed in a matter then pending before the Supreme Court in which the continued validity of Abood was challenged. Friedrichs v. California Teachers Association, __ U.S. __, 136 S.Ct. 1083 (2016). In Friedrichs an equally divided Supreme Court affirmed the Ninth Circuit’s decision upholding fair share fees based on the reasoning in Abood. Id. As a result, Abood remains valid and binding precedent.

Plaintiffs continue to argue that Abood was wrongly decided, but recognize that it remains controlling in the instant case. Consequently, defendants’ motion to dismiss (Doc. 146) is granted.

Makes sense. I suppose the judge could’ve given the Illinois Policy Institute’s legal arm another shot at overturning Abood, but nope.

*** UPDATE ***  I’m told an appeal is in the works.

- Posted by Rich Miller        

8 Comments
  1. - Oswego Willy - Friday, Sep 30, 16 @ 12:36 pm:

    I’m just glad Rauner isn’t about destroying labor…

    Otherwise, this would be Rauner not being successful, and we all know Rauner has been successful at everything he’s ever done.


  2. - Henry Francis - Friday, Sep 30, 16 @ 12:41 pm:

    Aside from IPI’s legal team winning the recent same name voter registration matter, have they - or Rauner - prevailed on any of the suits they filed?

    There sure has been a lot of litigatin and campaignin, but very little governin


  3. - Grandson of Man - Friday, Sep 30, 16 @ 12:47 pm:

    This is one reason why the presidential election is so important to so many who value and want to keep fair share fees. A Trump presidency and GOP Senate would very likely bring SCOTUS justices who’d overturn Abood.


  4. - Honeybear - Friday, Sep 30, 16 @ 12:56 pm:

    Thank a loving God. One less thing we have to fight or spend money fighting.


  5. - Norseman - Friday, Sep 30, 16 @ 12:56 pm:

    Labor, just a battle, the war continues. Act and vote accordingly.


  6. - Oswego Willy - Friday, Sep 30, 16 @ 1:01 pm:

    - Norseman - is on it.

    The failure here would be to think Rauner will give up.

    He won’t. The more switches Rauner controls, the quicker Rauner will switch back to targeting labor publicly.

    Vote accordingly.


  7. - COPN - Friday, Sep 30, 16 @ 1:08 pm:

    I’m not sure either side genuinely expected a different decision at this lower court level and it gives a concrete example of how Scalia’s replacement will matter.


  8. - AC - Friday, Sep 30, 16 @ 1:11 pm:

    ==In Friedrichs an equally divided Supreme Court affirmed the Ninth Circuit’s decision upholding fair share fees based on the reasoning in Abood. Id. As a result, Abood remains valid and binding precedent.==

    With something as seemingly insignificant as a single Supreme Court pick being the only thing stopping national right to work, all least in the public sector if not beyond, it’s almost as if elections matter. That can’t be, can it? /s


Sorry, comments for this post are now closed.


* Janus apparently no longer loves his state job, hires on with Illinois Policy Institute
* Reader comments closed for the weekend
* Pritzker meets with moms who've lost their kids to street violence, police shootings
* SUBSCRIBERS ONLY - Fundraiser list
* Question of the day
* Caption contest!
* SUBSCRIBERS ONLY - Campaign stuff: Morrison; Ives; Skillicorn; Nybo; Rooney; Curran; Breen; Frese
* "And admit that the waters/Around you have grown"
* A tiny bit of good news from Moody's
* Proft files suit so his independent expenditure committee can coordinate with campaigns after caps busted
* Cook shifts governor's race from "Toss Up" to "Lean Democrat" - Third-party candidates "the tipping point"
* Unsolicited advice
* The impasse and the damage done
* Entire IPHCA executive committee resigns, lawyer let go after racism controversy
* Chicago to get its first public law school, but is it a wise move?
* Doom and gloom abounds, but a new pension idea emerges
* Another lawsuit filed in Quincy veterans' home deaths: "For a year and a half, he loved that place. And it killed him"
* *** LIVE COVERAGE ***
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

...............
<


Loading


* SVM EDITORIAL: Term limits: Beware of unintende.....
* McDaniel-Hale: The decision to smoke is a perso.....
* In Bellwood, Fritz Kaegi Blasts 'Machine Po.....
* Barickman Cautious About Trump Impact on IL Ele.....
* Democrats try to rebuild the state party from t.....
* New law better protects DCFS workers..
* Illinois Makes Its IT Department a Permanent Fi.....
* Dyslexia guidebook bill signed into law..
* Naperville Now 07-20-18..
* Is Pritzker the beginning of the end for Madigan?..


* Judge rejects US efforts to strip terrorist of citizenship
* EXCHANGE: A family has deep roots in baseball and softball
* EXCHANGE: For 122 years, observatory has demystified the sky
* Northern Illinois man convicted of murdering sister-in-law
* Man cleared of murder has trouble depositing compensation
* UI seeks to improve access for transfer students
* Watch cop revive man during fentanyl scare at Illinois strip club
* AP FACT CHECK: Kansas not the ‘sanctuary state’ of Midwest
* Woman injured by lightning strike at Country Thunder
* UI seeks improving access for transfer students

* Marginal amounts of legionella detected in Stratton Building
* Moody's gives Illinois finances a 'stable' outlook
* Illinois Army National Guard soldiers return home
* Marginal amouts of legionella detected in Stratton Building
* Under the Dome Podcast: Gun bills, Quincy, Trump-Putin reaction
* Incumbents hold big fundraising leads in central Illinois legislative races
* Springfield man wins Illinois State Police logo contest
* Rauner 'deeply troubled' by Trump's Helsinki comments
* Rauner signs bill to ease physician assistant hiring
* Bill taking Illinois out of voter registration system vetoed

* Home Run Pizza CEO dies
* Home Run Inn Pizza CEO dies
* Your neighbor isn't a business
* The future of the U.S. looks a lot like Chicago
* Cook County board moves to prevent repeat of pop tax fiasco


* Soy ‘milk’ makers may need to find alternative description
* Bears training camp: Take some time and do a side trip, a few good suggestions
* Man, 25, shot in Far South Side
* Chevrolet Silverado 1500 holds steady as 2018 model
* POT TOPICS: Weed, hemp bills stacked up on Rauner’s desk; Pot IPO raises $150M
* Police officer injured in crash in Logan Square
* Man, 25, shot in Gresham
* Police: Man dies in fatal car crash in Washington Park
* 1 killed, 6 wounded Friday in city gun violence
* Man in critical condition in West Garfield Park shooting


* AP sources: Pence, Bolton, Kelly confronted Trump in Oval Office about Russia comments
* 'Crying Nazi' pleads guilty to assault in Charlottesville; banned from Virginia
* Chicago company sues Kim Kardashian West’s  fragrance brand, alleging trademark infringement
* Boy, 15, among 6 shot in city
* LINDA C. BLACK HOROSCOPES for 7/21/18
* Chicago police officer sustains head injury in Logan Square crash
* Pool access leads to pilfered property
* Lincoln Park home with side yard: $4.4M
* Man found dead in fiery Washington Park crash
* White Sox strike early but can't solve Wade LeBlanc in 3-1 loss to Mariners


» The Week in Review: Public Outcry Over Police-Involved Shooting
» ‘Ali: A Life’; Sexual Harassment In Bars; NPR’s Sam Sanders
» WBEZ’s Chicago and Illinois News Roundup: July 20, 2018
» UIC To Acquire John Marshall Law School, Creating The City’s First Public Law School
» State Week: Russia Reactions, Gun Laws, Campaign Cash
» #660 PJ Morton & Opinions on Drake
» July 19, 2018 - Full Show
» Berwyn Homeowners Squeezed By School District Miscalculation
» How Conservatism Won In Wisconsin; Illinois Election Security; Special Olympics 50th Anniversary
» Illinois Prison Officials Accused of Abusing Transgender Inmate


* Scott Reeder: Understanding is what journalism should be about
* Counterpoint: His pick is bad news indeed for health care, women, consumers and unions
* Point: Kavanaugh is truly a 'judge's judge' and precisely what our nation needs
* Eugene Robinson: The 'deep state' stands between us and the abyss
* Marginal amounts of legionella detected in Stratton Building
* Moody's gives Illinois finances a 'stable' outlook
* Illinois Army National Guard soldiers return home
* Marginal amouts of legionella detected in Stratton Building
* Under the Dome Podcast: Gun bills, Quincy, Trump-Putin reaction
* Bernard Schoenburg: Bourne, Clark clash over missed votes


* What you may have missed: Gun violence data, firearms bill, ospreys, National Guard, America in Bloom and ethanol
* Bloomington's Eagle Station post office moving back to Empire St.
* Cyclists honoring fallen officers stop in Twin Cities
* Decatur and Macon County neighbors: Obituaries published today
* Two shootings in Urbana leave man dead, teen in critical condition
* Fire calls
* Police report
* Opening hearts and minds: Christopher's Garden supports those in need
* The ultimate garage sale guide for this weekend
* Daily Digest: Meijer food campaign


* Cespedes returns, Familia may depart and Mets beat Yanks 7-5
* Indians get a Hand when new relievers join them after break
* Firefighters: Minimal chemical involvement in Elgin water treatment facility blaze
* Keuchel's no-hit bid ends in 7th on nearly-caught liner
* Price, Red Sox win again by blanking Tigers 1-0

* FIBRA Prologis Announces Second Quarter 20...
* Chelsea Lining Up to Be Ground Zero in the...
* Indian-Americans are building an instituti...
* Unpublished notes from '94 meeting wit...
* 'A juke joint revival': Bradfordvi...
* Illinois Department of Public Health Conti...
* 7-year-old Matteson girl goes to Washingto...
* Why Joe Crowley's Loss Could Be Good N...
* What we know about Russia's election h...
* Ernst: President Trump 'not upholding ...

* How area members of Congress voted on voti......
* Family reunifications: 450 down, roughly 1......
* Ballot security battle heats up already ho......
* In IL-6, Roskam and Casten clash over elec......
* GOP accuses Dems of stalling Kavanaugh aft......

* Bernie Sanders, Alexandria Ocasio-Cortez B......
* How area members of Congress voted on voti......
* Will Route 66 become a National Historic T......
* Tammy Duckworth Wishes She Wasn'......
* Alton Fire Department awarded $227273 grant...

* If wife outearns husband, she downplays it and he exaggerates!
* #fbf: A streetcar named retired with video footage
* The sad state of the sandwich at Logan Square deli Rosie’s Sidekick
* Rahm and Rauner's phony Ryan feud: Don’t be fooled by the Twitter barbs
* There’s always an issue we can quarrel over with regards to city street names
* Lies, Damned Lies and Rankings
* 5 things every college must know about cloud computing
* Accreditor clears path for $1.9 billion Strayer-Capella merger
* EdX Survey Finds That about 1/3 of Americans Ages 25 – 44 Have Completely Changed Fields Since Starting Their First Job Post-College
* Creatively nudging faculty members to expand use of immersive technology


* IDPH Investigation Continues As Foodborne Illnesses Increase
* Gov. Rauner signs HB 5611
* Summit for Success: IDOT providing tools, opportunity for disadvantaged businesses
* Illinois Payrolls Jump +18,100
* Liquor Control Commission Underage Compliance Report for Cook County

  
* With Spinning Silver, Naomi Novik cements her status as one of the great YA fantasy authors
* Xiaomi Mi A2 shows up in two more stores for pre-orders days before launch
* One year after massive takedowns, dark web marketplaces are thriving
* Meizu 16 and 16 Plus get 3C certification, live image leaks and launch date confirmed
* Fact check: Is smartphone battery capacity growing or staying the same?
* Galaxy Note9 shows up in renders in Lilac Purple
* Key takeaways from Singapore healthcare data breach

* Mariners Vs White Sox Preview: Starting Pitchers, Odds, Pred...
* LeBlanc, relievers shut down White Sox
* Shields outdueled in stellar night on mound
* Mariners beat White Sox, get back on winning track
* Mariners 3, White Sox 1: New half, same loss
* Mariners 3, White Sox 1: New half, same loss
* Abreu happy to talk about ASG, not rumors


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

Archives
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
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




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller