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The Speaker giveth…

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Illinois

* You can bet all nine of the governor’s houses (and the Senate) that this thing is gonna be vetoed with relish…

The state’s largest public employee union is pushing a bill that would prevent state workers from striking or being locked out in the event talks on a new labor contract stall.

Instead, the labor dispute would be handed over to an arbitrator to resolve through binding arbitration.

The House Labor and Commerce Committee approved Senate Bill 1229 on Thursday night on a partisan vote. […]

“That will prevent any unilateral and dictatorial imposition of any harsh and unreasonable changes in employment, changes that would likely force a work stoppage, thereby causing massive disruption of state services,” [Mike Newman, deputy director for Council 31 of the American Federation of State, County and Municipal Employees] said. […]

Newman, though, said it was “highly unlikely” the two sides would reach an agreement by the end of June “given the extreme nature of the proposals that we’ve been looking at.”

The proposal is sponsored by Rep. Mike Smiddy, who was elected three years ago without much backing from Speaker Madigan, but with tons of support from AFSCME.

* But check out this passage from Speaker Madigan’s proposal to separate the Abraham Lincoln Presidential Library and Museum away from the Illinois Historic Preservation Agency...

Staff hired [by the new ALPLM entity] on or after the effective date of this Act shall not be subject to the Personnel Code or any applicable collective bargaining agreement.

Um, wow. That could’ve been written by Rauner himself.

AFSCME says they’re aware of the problem and are working on it.

posted by Rich Miller
Friday, May 29, 15 @ 10:57 am

Comments

On this one, Madigan and Cullerton will have enough votes to override the veto.

Rauner will take it to court as an infringement on Executive power, but I expect he will lose on that count.

Comment by Juvenal Friday, May 29, 15 @ 11:01 am
Good find Rich.

Since this was Rauner’s gift to Madigan ever since the budget address, maybe Rauner’s staff did write it. LOL

Speaker deserves the heat.

Comment by walker Friday, May 29, 15 @ 11:03 am
The union bill does seem a reasonable compromise.

I’m sure Rauner is bothered by the idea of “binding arbitration”. That means he’ll have to be reasonable — as will AFSCME.

It’s a bill that protects the governor from himself, actually.

Comment by Frenchie Mendoza Friday, May 29, 15 @ 11:04 am
=== You can bet all nine of the governor’s houses (and the Senate) that this thing is gonna be vetoed with relish… ===

And every other topping that goes with those great Chicago Hot Dogs. We’ll see if the Dems put veto proof margins on the bill. (Will the Black Caucus send another message?)

P.S. Nobody said that the Speaker can’t be a hypocrite.

Comment by Norseman Friday, May 29, 15 @ 11:04 am
=== P.S. Nobody said that the Speaker can’t be a hypocrite. ===

I think that’s a prerequisite for political office.

Comment by thunderspirit Friday, May 29, 15 @ 11:08 am
Yes, they may get the votes to override but does anyone understand the legislative process? The Governor still has 60 days to act on the bill and he could wait until late July (Afscme contract expires June 30th) to veto and then the legislature would still have to come back to override. A month without a contract. Have fun with that.

Comment by One of Three Puppets Friday, May 29, 15 @ 11:08 am
BTW — why can’t Rauner simply introduce this simple clause for any new hires after July 1? Seems like this is the quickest way to limit bargaining power — simply exclude them from both unions and the personnel code.

This also points to the fact that the personnel code is probably a bigger headache for Rauner than any contract. Any plans to amend that? Seems that would be high on the ‘Turnaround’ agenda.

Comment by Frenchie Mendoza Friday, May 29, 15 @ 11:09 am
That bill would effectively cut any leverage the Gov has with AFSCME. Management traditionally opposes providing non public safety employees with arbitration rights in Illinois.

Comment by Stones Friday, May 29, 15 @ 11:12 am
Seems foolish to make this sunset in 4 yrs. If it’s a good idea do 12yrs or so. Sell it as ensuring services to citizens instead of neutering the gov.

Anyway we can get BR and MJM to binding budget arbitration?

Comment by Mason born Friday, May 29, 15 @ 11:14 am
I really think that Rauner and at least some GOP members would like to see a lockout, that is if the Union doesn’t strike first. Obviously this bill will be vetoed by Rauner and I’m not sure if the votes are there for an override.

Comment by The Dude Abides Friday, May 29, 15 @ 11:18 am
**A month without a contract. Have fun with that.**

At this point there is absolutely no path to getting a contract done by 6/30, so no matter what, AFSCME will likely go into July without a contract. State labor law is pretty clear that most terms and conditions of the contract still apply even without a contract while bargaining.

Comment by AlabamaShake Friday, May 29, 15 @ 11:20 am
IF this passes, I’m absolutely positive that the gov will do everything in his power to harm state employees in some other manner. This is not a man who would take losing well, especially since he “never loses”.

Comment by CharlieKratos Friday, May 29, 15 @ 11:20 am
Why didn’t Speaker Madigan back Smiddy?

Comment by Libertarian in Bement Friday, May 29, 15 @ 11:22 am
Snark - Why would the governor oppose the bill, didn’t he already indicate his commitment to bargain in good faith? Isn’t he in favor of limiting union power? He should instruct the owls to support the bill.

Comment by AC Friday, May 29, 15 @ 11:22 am
Seems to be a reasonable balance in the event there is a lock-out that will endanger public safety/well-being. It ensures the legislature can put an end to the governor’s personal vendeta. Also could encouage him to negotiate while still allowing the Gov the ability to force a pay reduction via short term lock out come July. A week or 2…. to the date when the veto could be overridden.

Comment by Johnnie F. Friday, May 29, 15 @ 11:23 am
The timing on this is critical.

Assuming that this passes both chambers by Sunday and that the finished product is sent to Governor Rauner within the next week, Governor Rauner would still have up to 60 days to veto the bill. Hmm. I believe that would be about 4 weeks after AFSCME’s current contract ends. Any way you slice it AFSCME could still be in a pickle after this bill is sent to the Governor’s desk. A month in the current world of social media and non-stop coverage will put a “magnifying glass on ants” hot light on the situation.

Comment by Team Sleep Friday, May 29, 15 @ 11:27 am
It seems like a good idea for the GA to pass this, a strike or lockout will only hurt the citizens of Illinois.

Comment by A Jack Friday, May 29, 15 @ 11:32 am
“Seems foolish to make this sunset in 4 yrs.”

The union doesn’t know how many years it could get on a new contract, but it does know that Rauner may very well be limited to one term. Best to wait and see if the provision needs to be renewed.

Comment by State employee Friday, May 29, 15 @ 11:33 am
I don’t see the timing of the bill as a big issue for AFSCME. Rauner is limited in what he can do to the existing terms of employment as long as the two parties are still bargaining. Even if he declares an impasse and is able to impose his last, best, and final offer, AFSCME would be able to request to have the contract arbitrated when the Public Act becomes law. There is little doubt an arbitrator would undo most of the changes since the need to “destroy corrupt unions” is not exactly an easy thing to defend in front of an arbitrator.

Comment by Pelonski Friday, May 29, 15 @ 11:41 am
If democrats stick together, and I think even the more conservative downstate Democrats will do so, then this bill will pass.

Furthermore, I believe there is a strong possibility that enough Republicans will cross over and override Rauners veto. There are some sane Republicans who, I believe, will not drink the Rauner Kool Aid.

Comment by Federalist Friday, May 29, 15 @ 11:50 am
This is miraculous. AFSCME finally took a proactive measure.

Too bad they waited until days before the session ended.

Classic AFSCME.

Comment by Politix Friday, May 29, 15 @ 11:52 am
(Will the Black Caucus send another message?)

A vote against this bill just to make a statement will backfire, badly. What about all the current black AFSCME members that will be impacted in a lockout or a strike? It wouldn’t make sense.

Comment by Politix Friday, May 29, 15 @ 11:57 am
All arbitration is “binding.” That’s what the word means.

That’s actually a remarkable concession from the unions, as I’m sure AZ Bob would agree, giving up the right to strike.

If there is really such a thing as a super-majority, now would be the time to use it, after this is vetoed.

Maybe Rauner really does want a strike or lockout. If so, I think that’s a terrible, reckless miscalculation, for him and everyone in the state. You can’t predict the consequences to such chaos.

Comment by Wordslinger Friday, May 29, 15 @ 12:11 pm
Eliminating any possibility of a lockout during negotiations could reinforce Rauner’s story line in this anti-union climate.

==Corrupt bargain== and all that.

Comment by Formerly Known As... Friday, May 29, 15 @ 12:15 pm
==Eliminating any possibility of a lockout during negotiations could reinforce Rauner’s story line in this anti-union climate.==

But it would simultaneously eliminate the possibility of a strike, too. Hard to say it’s the union getting everything it wants if you take away it’s A-Bomb.

Comment by Arsenal Friday, May 29, 15 @ 12:28 pm
I think it’s a good idea and would put pressure on the governor to not force a strike with his extreme and draconian contract proposals. It would show that AFSCME members and other unions want to minimize damage to Illinois residents and recipients of state services by averting a strike or shutdown.

If and when Rauner does veto it, assuming it gets to him, it will show that he’s the reckless one, and that unions are trying to be reasonable.

Comment by Grandson of Man Friday, May 29, 15 @ 12:30 pm
Politix - I mentioned that to Mrs. Sleep earlier. Waiting until the last minute on EVERYTHING can have dire consequences. That is one of the reasons why our federal budget process is so awful.

Comment by Team Sleep Friday, May 29, 15 @ 12:52 pm
The Personnel Code can be changed through an Emergency Rules request to the Joint Committee on Administrative Rules (JCAR). The best example is when Quinn froze wages in violation of the contract. Salaries are part of the personnel code. Before Quinn froze wages CMS, headed by Director Weems, submitted an Emergency Rules request to change the Salary Schedule in the Personnel Code. JCAR approved it, and Quinn froze wages. Rauner could use the same tactic to change the current Personnel Code.

Comment by Kurt in Springfield Friday, May 29, 15 @ 12:52 pm
Note: There are other types of rules changes submitted to JCAR on a regular basis by all agencies. I mentioned the Emergency Rules request because that is what Quinn and Weams used to freeze salaries. Also all rules changes are subject to JCAR approval.

Comment by Kurt in Springfield Friday, May 29, 15 @ 12:55 pm
*Weems*

Comment by Kurt in Springfield Friday, May 29, 15 @ 12:56 pm
Binding arbitration is a common part of private contracts, it’s tough to buy a car without such a provision. When he veto’s this, I’ll take it as a sign that Rauner supports the right to strike, and opposes alternative dispute resolution while changing his mind that the courts aren’t corrupt. Bruce Rauner, relationship counselor for AFSCME and Madigan, while empowering unions. Maybe the working class atire he wears has has an impact.

Comment by AC Friday, May 29, 15 @ 1:01 pm
==Hard to say it’s the union getting everything it wants if you take away it’s A-Bomb.==

It would be. Including that was smart by Smiddy, and it suggests exactly what we think it should to objective parties. Both sides are giving something up.

But if one side has $40m+ to spend on telling that story, both sides may not get told equally during a potentially long, hot summer. Preferably they settle this before we have to find out.

Comment by Formerly Known As... Friday, May 29, 15 @ 1:20 pm
applause for AFSCME
++++++++++++
- Wordslinger - Friday, May 29, 15 @ 12:11 pm:

All arbitration is “binding.” That’s what the word means.

That’s actually a remarkable concession from the unions, as I’m sure AZ Bob would agree, giving up the right to strike.

If there is really such a thing as a super-majority, now would be the time to use it, after this is vetoed.

Maybe Rauner really does want a strike or lockout. If so, I think that’s a terrible, reckless miscalculation, for him and everyone in the state. You can’t predict the consequences to such chaos.

Comment by zonz Friday, May 29, 15 @ 1:43 pm
The union is so over the top and scared of a strike. they know over 40% would cross the line and then no more union. It was the union threatening a strike during last negotiations.

Comment by fly on the wall Friday, May 29, 15 @ 2:40 pm
So is everyone on here supporting the fact that 95% of the state work force is unionized? That is one of the biggest problems and this occurred in the last 16 years. It is just a matter of time before it falls apart. You can’t have leaderless government and that is what i happening in the agencies.

Comment by fly on the wall Friday, May 29, 15 @ 2:43 pm
Leaderless government in the agencies is a result of the terrible administrative skills of Blagojevich and Quinn, not the unions. So far, Rauner hasn’t been any better. We’ve yet to see any sweeping changes to how the agencies are run.

Comment by Pelonski Friday, May 29, 15 @ 2:54 pm
=== So is everyone on here supporting the fact that 95% of the state work force is unionized? That is one of the biggest problems and this occurred in the last 16 years. It is just a matter of time before it falls apart. You can’t have leaderless government and that is what i happening in the agencies. ===

Membership was fairly flat until Blago took office. Not only was he currying favor with unions, Blago also drove many MCs to seek union protection because of his shabby treatment. Remember MC’s haven’t had a pay raise since Blago’s re-election campaign. Actually, MC’s lost pay due to furloughs.

The following data came from CMS as of January 2013.

Fiscal Year Pct. Union Nos. of Employees
FY84 71.9% 59,191
FY85 75.3% 61,170
FY86 75.9% 61,444
FY87 78.2% 62,081
FY88 77.7% 62,711
FY89 77.6% 63,911
FY90 77.2% 66,652
FY91 78.2% 65,165
FY92 78.6% 63,633
FY93 79.0% 62,681
FY94 79.1% 64,606
FY95 80.2% 64,656
FY96 79.6% 64,971
FY97 79.3% 64,716
FY98 78.5% 64,566
FY99 78.0% 66,433
FY00 77.7% 66,283
FY01 77.7% 66,582
FY02 78.1% 65,050
FY03 79.1% 54,803
FY04 80.0% 55,276
FY05 81.3% 53,374
FY06 82.1% 52,900
FY07 85.6% 52,710
FY08 86.2% 51,195
FY09 90.5% 49,351
FY10 95.1% 47,893
FY11 95.0% 49,347
FY12 95.4% 45,746

Comment by Norseman Friday, May 29, 15 @ 3:25 pm
I seriously doubt that 40% of union members would cross the line. It is doubtful the union would call a strike. The union members can not cross the line if they are locked out by the guv..

Comment by Mama Friday, May 29, 15 @ 3:32 pm
Public safety unions haven’t done too bad under interest arb, so I don’t see this is much of a sacrifice by AFSCME.

Comment by Shemp Friday, May 29, 15 @ 4:05 pm
Ink the pad and find a pen that works. Then, plug in the toaster.

Comment by A guy Friday, May 29, 15 @ 4:56 pm
– Ink the pad and find a pen that works. Then, plug in the toaster.–

Time to give up the car keys, dude.

Comment by Wordslinger Friday, May 29, 15 @ 5:09 pm
What happens in 2016 if/when we loose the super majority? Will the bill/amendment still be a positive protection
Do you think 34mil.would buy a good arbitrator??

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