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AFSCME wins, SEIU may be dealt setback

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Illinois

AFSCME has won another round in the battle for payment of step increases that Gov. Rauner has illegally frozen since July 1, 2015.

When bargaining for a new state contract got underway in 2015, the law required that current conditions of employment remain in place—including movement through the state’s pay plan schedule. But Rauner ignored that requirement and acted unilaterally to impose a freeze on employee step increases.

AFSCME challenged that action in appellate court—and we won. Last November the 5th District Appellate Court ruled that the Rauner Administration violated the law when it refused to continue paying step increases after the expiration date of the union contract. The court found that employees are owed step increases and remanded the case back to the Illinois Labor Relations Board (ILRB) for a remedy.

That ruling was put on hold when the Rauner Administration filed a petition for leave to appeal to the Illinois Supreme Court.

Yesterday the Supreme Court denied the Rauner Administration’s petition for leave to appeal. So the decision of the 5th District Appellate Court that the steps are owed stands and no further appeal is possible.

Now, pursuant to the appellate court’s order, the case will be remanded to the Labor Board to devise a remedy. Rauner has claimed that the state cannot afford to pay the step increases and it is all too likely he will try to influence the Labor Board’s final order in that regard.

AFSCME will urge the Board to act swiftly and to ensure that all state employees receive the step increases they are owed and deserve.

* Sun-Times story on an SEIU Healthcare Illinois back pay dispute…

The pay raises and backpay that a judge ordered the administration of Governor Bruce Rauner to begin paying by March 21 to thousands of home caregivers employed by the state are again in limbo.

Rauner administration attorneys plan to appeal the order and on Friday — five days before the March 21 deadline — they filed paperwork seeking to postpone payments during the appeal process.

Cook County Judge David Atkins this week granted a temporary stay on the payments while he considers whether or not to allow the stay to remain in place during the entire appeals process.

posted by Rich Miller
Thursday, Mar 22, 18 @ 11:42 am

Comments

The oldest debt owed by the State of Illinois is to the current and retired workers. Back pay is still owed, and should be paid. This has always been a case of pure theft of negotiated funds from the workers. The legislature needs to appropriate the money, and pay this debt. There is no reason to drag this out any longer, and cost the state more in legal fees. The money is owed, just pay it and allow everyone to move on.

Comment by Retired Educator Thursday, Mar 22, 18 @ 11:56 am
7% compounded still in effect for those still owed back pay from the previous administration?

Comment by Fixer Thursday, Mar 22, 18 @ 12:01 pm
Best news I’ve had in a while

Thanks

Comment by Paul in Chicago Thursday, Mar 22, 18 @ 12:04 pm
Rauner drove up debt and deficit by billions of dollars but won’t pay his workers their earned step increases. Smart, huh?

What person calls himself/herself conservative and supports this guy? In his zealous hatred, Rauner has cost the taxpayers money and his employees good will by not negotiating reasonable concessions.

Comment by Grandson of Man Thursday, Mar 22, 18 @ 12:04 pm
If I understood the court’s decision overturning the ILRB’s decision, the court didn’t say the step increases should be paid, it said the reasons that the ILRB gave to not pay them (the IRLB said there was clear precedent that step increases would not be paid during an impasse, the court says there are examples where they were and where they were not and thus there is no precedent) were incorrect. So yeah I can see the board trying to come up with a better rationale to not pay out, though I can’t think of what that might be.

Comment by Perrid Thursday, Mar 22, 18 @ 12:07 pm
Any idea how long the IRLB has to either pay the Step increases or come up with another reason to not pay them? Curious if these steps could actually come with Rauner still in office.

Any chance that Rauner just releases the steps to try and win back a few conservative leaning state employees? He clearly could use some additional votes.

Comment by Seats Thursday, Mar 22, 18 @ 12:19 pm
I’ll bet on Rauner playing whatever delay cards are left on the table …

Comment by RNUG Thursday, Mar 22, 18 @ 12:41 pm
I wonder if Mark Janus will refuse his back pay.

Comment by Raccoon Mario Thursday, Mar 22, 18 @ 12:44 pm
Rainer will try to manipulate the Labor Board to not pay.

Comment by Anonymous Thursday, Mar 22, 18 @ 12:44 pm
@Perrid The court ruled the state violated the ILPLRA by withholding steps during negotiations and step increases must be paid. The ILRB can try to pull something regarding not paying steps, but that would be in violation of the court order.

Comment by Steve Polite Thursday, Mar 22, 18 @ 12:45 pm
RNUG - Do you feel he has enough delay cards left to last until January 2019?

Comment by Seats Thursday, Mar 22, 18 @ 12:45 pm
I was illegally denied 7,490 dollars in step increases.
My rage over that
Is substantial

Now the Rauner owned ILRB
Will drag it out further

It only Spurs afscme on
To take Rauner out

OW, I have been about the Lords work
Person to person
It’s our ground game now
The moment we’ve been preparing for
For months now
Labor Marines
Taking the beach

Door to door
House to house
Every door
Every house
Skyhook in reverse

Comment by Honeybear Thursday, Mar 22, 18 @ 12:47 pm
Waste of time and money from a man with billions. Telling employees making 30 to 50 thousand you don’t get a raise but his chosen people can get bonuses and overtime pay as supervisors making 100,000 plus. And he wonders why he almost got beat.

Comment by Wow said I Thursday, Mar 22, 18 @ 12:55 pm
This is so strange compared to the private sector. If a company was bleeding money and buried in debt payments it would have the ability to reduce employee raises and try to offset some spending. The state however doesnt have that flexibility? Even if Illinois lost a 50 billion dollar lawsuit and has no money on hand it has to keep giving out pre-determined raises even without having the money?

Comment by Maximus Thursday, Mar 22, 18 @ 1:02 pm
Maximus: yes, because the state has the power of taxation, it must pay what it owes.

Comment by Homer J. Quinn Thursday, Mar 22, 18 @ 1:05 pm
Max; The contract was negotiated and signed by all parties. An individual can not just say I refuse to honor the deal. Try that with your mortgage or car payments, and see where that gets you. The money I am owed, I earned as a state employee. I did my job, and expect to be given the money I am due. When a new contract is written the terms will be agreed upon. Then it is etched in stone.

Comment by Retired Educator Thursday, Mar 22, 18 @ 1:08 pm
Max - there are numerous news stories of ceos and other executives of bankrupt companies are given multimillion dollar bonuses while the workers are laid off.

State employees are owed what was promised in contracts. The State ought to make good on the promises.

Comment by Huh? Thursday, Mar 22, 18 @ 1:23 pm
I’ve never understood how they could get away with enforcing some provisions of the contract and not the others. Apparently the court didn’t either.

Comment by Demoralized Thursday, Mar 22, 18 @ 1:37 pm
Im not saying any contract shouldnt be honored, my point is the contract exists that way at all. In the private sector employment is at-will (typically) and if a company is having financial trouble it has the ability to reduce salaries, lay off workers, reduce raises, etc. The state seems to have only a single option in the current scenario of raising taxes but then there still is no flexibility in being able to reduce labor costs. They continue rising even as revenue is falling.

Comment by Maximus Thursday, Mar 22, 18 @ 1:40 pm
===I’ll bet on Rauner playing whatever delay cards are left on the table …===

There can’t be many. Maybe the LRB just doesn’t put it on their monthly meeting agenda. Or they comply, but Rauner doesn’t authorize the increased pay.

But what are the consequences of defying a court order, when you’re out of appeals?

Comment by Nick Name Thursday, Mar 22, 18 @ 1:41 pm
=This is so strange compared to the private sector.=

Just taking a stab here but maybe it’s because it’s not the private sector?

Comment by Pundent Thursday, Mar 22, 18 @ 1:43 pm
==ability to reduce salaries, lay off workers, reduce raises, etc.==

I think in the private sector if a contract is made between an employee and an employer it has to be honored just the same as public sector. A contract was made. It has not been honored.

Comment by HangingOn Thursday, Mar 22, 18 @ 1:45 pm
Contracts in the private sector dont revolve around guaranteeing money that cannot be accounted for. A company wouldnt agree to a contract that employs someone for 20 years with minimum 5% raises every year and guaranteed benefits for life paid upon retirement. The company has no way to know what their financial situation will be in 20 years so they dont make those contracts.

Comment by Maximus Thursday, Mar 22, 18 @ 1:50 pm
- Maximus - Thursday, Mar 22, 18 @ 1:50 pm:

You really have no idea. Step increases are not raises. Also, the private sector has done many employment contracts that are a lot more generous then the State. Also, contracts are only a maximum of four years. You also conveniently left out the fact that State employees have had to pay more for insurance. There has been no raises in over four years.

Maybe you should do some research before listening to Rauner and company.

Comment by Anonymous Thursday, Mar 22, 18 @ 1:59 pm
“how contracts are written in the private sector” has no relevance to broken contracts in the public sector.

Comment by Homer J. Quinn Thursday, Mar 22, 18 @ 2:05 pm
==minimum 5% raises every year==

Not sure where you got that. 1st year I was supposed to get a 63 cent per hour raise. Last year was supposed to be 59 cents. The 19 years I was private sector my raises were minimum 75 cents every year, sometimes up to $1.00 per hour. The steps aren’t that high for my job. And 63 cents is not a 5% increase for me.

Comment by HangingOn Thursday, Mar 22, 18 @ 2:11 pm
== Do you feel he has enough delay cards left to last until January 2019? ==

Get the Board to deny payment on some excuse and let it out the courts again.

“The wheels of Justice turn slowly …”

Comment by Anonymous Thursday, Mar 22, 18 @ 2:15 pm
2:15 pm was I

Comment by RNUG Thursday, Mar 22, 18 @ 2:18 pm
Anonymous at 1:59 pm

Please use a name so responses are easier. Last I checked a step increase grants more money to the employee. I am unaware of any common private sector practices that have generous multi-year guarantees of salary and employment and benefits. Do you have an example of such? Im not saying they dont exist but I dont think these are common. The fact state employees have health insurance is good, this is similar to the private sector but things get more diverse on this point. There are many private sector jobs that offer no health care at all.

Comment by Maximus Thursday, Mar 22, 18 @ 2:23 pm
- Maximus - Thursday, Mar 22, 18 @ 2:23 pm:

State employees start with a very low salary. State employees plan for a career at the State and this is why they are willing to take a pay cut to go to the State.

Why don’t you apply for a State position if you think that it is so good?

Comment by Anonymous Thursday, Mar 22, 18 @ 2:27 pm
==There are many private sector jobs that offer no health care at all.==

What does that have to do with anything? We’re close to going back down that road of “I don’t have it so neither should you” argument.

==Contracts in the private sector ==

A contract is a contract. You don’t have to like the state contract but to claim that principles of contracts are somehow different is simply wrong.

Comment by Demoralized Thursday, Mar 22, 18 @ 2:30 pm
== In the private sector employment is at-will (typically) and if a company is having financial trouble it has the ability to reduce salaries, lay off workers, reduce raises, etc. ==

Government is different from the private sector; there are various reasons for that. Very few people are “at will” employees.

A lot of that goes back to Civil Service rules on hiring, promotions, raises, layoffs and firings. These were put in place, mostly by Good Government types, in response to past patronage / favoritism abuses. Step raises were part of that reform if the system and actually pre-date union involvement.

Union contracts added some enhancements on top of Civil Service, such as additional steps, seniority, grievance and layoff procedures. You can’t just fire people or reduce salaries because you feel like it.

You can fire people for proper cause. It isn’t easy with the union rules, but you can do it. You can have layoffs if you follow the proper procedures. But in order to do so, you have to know how to govern within the system … something this Governor hasn’t taken the time to learn.

Comment by RNUG Thursday, Mar 22, 18 @ 2:31 pm
The money should be in a separate account pending litigation.
Once court makes final ruling, money should be paid to workers.

Comment by ANono Thursday, Mar 22, 18 @ 2:42 pm
==Get the Board to deny payment on some excuse==

If that happens then it pretty much confirms that the Board is a shill for the Governor.

Comment by Demoralized Thursday, Mar 22, 18 @ 2:44 pm
If your job doesn’t offer healthcare. Go find one that does. Geesh

Comment by Anonymous Thursday, Mar 22, 18 @ 2:46 pm
===7% compounded still in effect for those still owed back pay from the previous administration?===

There is some confusion over this but I don’t believe interest on the back pay is part of the equation.

Comment by Cubs in '16 Thursday, Mar 22, 18 @ 2:48 pm
@Retired Educator - I was under the impression that there isn’t a contract in place?? Kind of crazy thinking that this dispute will outlast the Rauner administration.

Comment by Chicagonk Thursday, Mar 22, 18 @ 3:07 pm
== Kind of crazy thinking that this dispute will outlast the Rauner administration. ==

While we take it as a given, there is no 100% guarantee the Rauner administration ends in January.

Plus a new administration would probably want to review the existing budget line item impact before releasing any funds.

Comment by RNUG Thursday, Mar 22, 18 @ 3:33 pm
There is a court order in place. Paying the steps is not discrenary. Failing to pay is not a legal option.

Comment by Anonymous Thursday, Mar 22, 18 @ 3:54 pm
== Failing to pay is not a legal option. ==

Since when has that bothered this administration?

Comment by RNUG Thursday, Mar 22, 18 @ 3:57 pm
Chicagonk; This all started back in 2011 when our pay increases were held up by Quinn. When the old contract ran out, a new contract would have been negotiated, but Rauner took a walk away from the table. The terms from the old contract still apply, and any increases built in were to continue. I am owed well above 10 thousand dollars, and we simply want what we are owed. I retired last year, but that does not forgive the debt owed to me and others. I did the job, I expect the complete compensation.

Comment by Retired Educator Thursday, Mar 22, 18 @ 4:08 pm
Maximus: Private sector employers also aren’t locked into keeping employees who don’t perform. Those employees are usually provided with changes to improve or they are terminated. The unions ensure that low performers are given the same raises as those who exceed in their jobs. Quite often, this effects the moral of those who work hard, only to see those who don’t get the same rewards.

Comment by Former state worker Thursday, Mar 22, 18 @ 4:33 pm
As someone who has been locked in at step 1C(3 steps below entry level pay) since 2014 this is the best news in a long time.

To say I’ve been struggling during this time would be an understatement. I’m paycheck to paycheck and barely getting by. These steps that were promised to me ate everything to me. I’m so glad I have a chance to be whole.

Comment by Anon Thursday, Mar 22, 18 @ 4:42 pm
Why not elminate step increases? Nothing but taxpayer theft.

Comment by Ron Thursday, Mar 22, 18 @ 5:28 pm
Former
As opposed to the ridiculous merit raises that were implemented for the teamsters. Talk about a moral killer
Just as predicted. It’s unfair and given to top managers and their favorites

Comment by Anonymous Thursday, Mar 22, 18 @ 5:30 pm
== Private sector employers also aren’t locked into keeping employees who don’t perform. ==

See 2:31pm

== this effects the moral of those who work hard, only to see those who don’t get the same rewards. ==

Valid point that I used to complain about … but it beat the partonage / ticket buying days

Comment by RNUG Thursday, Mar 22, 18 @ 5:39 pm
RNUG

When do you think that we will get our step increase, April, May, June?

When do you think that we will get our back pay, 2018, 2019, later?

Comment by Anonymous Thursday, Mar 22, 18 @ 6:25 pm
I was just wondering when the cost of legal fees and the compounded interest will surpass the original savings the state had at the beginning of all this mess.

Comment by Generic Drone Thursday, Mar 22, 18 @ 6:36 pm
== When do you think that we will get … ==

My guess? February / March 2019 unless the GA explicitly appropriates it in the FY19 budget and it survives an amendatory veto.

Comment by RNUG Thursday, Mar 22, 18 @ 6:41 pm
Thanks RNUG

Comment by Anonymous Thursday, Mar 22, 18 @ 7:24 pm
== The state seems to have only a single option in the current scenario of raising taxes but then there still is no flexibility in being able to reduce labor costs.==

The flexibility in reducing labor costs is not filling vacant positions. The problem is, the state has done that for years, which is why many agencies are working with a skeleton crew and paying out so much money in OT. 24/7 facilities still have to run and be staffed, for example.

Not all government workers are part of the union. There are many, many, many employees who are considered “double exempt” who are making double what the average AFSCME covered state employee earns.

The reason the step increases are laid in the contract for a 3-4 year period is so the GA can budget for them. Is it the fault of the employees if the GA doesn’t plan accordingly?

You can never fairly compare gov’t to the private sector. It’s apples and oranges. I’m always curious why in the private sector, employers are seeking the best and most qualified. Someone with knowledge of the industry and experience in the industry. Salary is based on experience, and if you start out as a low level employee, you can work your way up and increase your salary. It’s the same concept in state gov’t. Come in at 1c, and “work your way up” to Step 8. Which, BTW takes 11 years now vs 8 years. Yet, having institutional knowledge and being a good, long term public service career employee is frowned upon by private sector workers. I’ve never understood that reasoning.

Comment by cardsfan Thursday, Mar 22, 18 @ 7:54 pm
Sure, if you start people at a fair rate instead of garbage.

- Ron - Thursday, Mar 22, 18 @ 5:28 pm:

Why not elminate step increases? Nothing but taxpayer theft.

Comment by Anon Thursday, Mar 22, 18 @ 8:55 pm
Just how many more rounds must we go until they just pay the bill? This constant delay after delay only costs taxpayers more.

Comment by Generic Drone Thursday, Mar 22, 18 @ 10:22 pm