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One matter resolved, but a bigger one remains

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Illinois

* Comptroller Mendoza yesterday…

Our office today began sending the first backpay checks authorized by the General Assembly. The checks are going to employees of the Department of Public Health – the first state agency to submit the vouchers for backpay to our office. As soon as the other state agencies submit their vouchers to us, we are prepared to get the backpay checks out quickly. (Please note these backpay checks are not for the step increases that Governor Rauner’s Administration has refused to pay.)

* The step pay issue is still in dispute…

The administration stopped paying step raises to AFSCME members after the union’s last contract expired June 30, 2015. Step increases are automatic raises given to workers in the first seven to 10 years of their careers. AFSCME said about 15,000 of its members are eligible for them. […]

In its filing Tuesday with the ILRB, the Rauner administration said it only owes step increases for the period from July 1, 2015, to Jan. 8, 2016 when the administration declared contract talks were at an impasse. Although labor law requires the status quo be maintained while a new contract is negotiated, the administration said that requirement ends when an impasse is reached. Consequently, the administration said it only owes step raises until Jan. 8, 2016. […]

The impasse issue is also being litigated, and the administration said it shouldn’t have to pay the step increases until that case is resolved. The case was argued before the Fourth District Appellate Court in June, but a decision hasn’t been issued yet. The administration noted the case is likely to end up in the Supreme Court. If it is determined an impasse doesn’t exist, the administration said, the ILRB can modify and initial decision.

The administration also said no money was appropriated in the budget to pay the past due step increases. The estimated cost of the step raises is $415 million. In addition, the administration said some state agencies may not have been appropriated enough salary money to pay AFSCME members their step raises going forward.

* From AFSCME…

AFSCME strongly disagrees with the Rauner Administration’s proposal and will file an objection, instead urging that all employees are immediately restored to their proper step and paid the back wages owed.

There are no grounds for the administration’s claim that the appellate court ruling only applies through January 2016. The tolling agreement which continued the current terms and conditions of employment has been in effect since July 2015 and remains in effect today, as the administration has acknowledged.

What’s more, the need for appropriation authority (as in the back pay case) does not apply to the step case because the back pay case arose from a violation of the contract but Rauner’s failure to pay steps is a violation of state law.

posted by Rich Miller
Thursday, Aug 2, 18 @ 2:10 pm

Comments

Plain and simple
A court of law verdict - wage theft
Appellate court verdict- wage theft
Supreme Court affirmed both
Wage theft

Rauner Illegally withheld wages

You either withhold the rule of law
Or you
Violate and ignore the rule of law

Rauner is a thief
Rauner is flatly acting above the law

If any boss in the us illegally withheld
415 million in wages
It would be front page news

The Republican Party
Staunch advocates of
Law and order
Absolutely think this is okay

Make your choice Republicans
Rule of Law or outright lawless
corporo-fascism

The report due to the ILRB
Was to show how the state
Would pay for it

Not to say
We won’t do it
Or rehash their legal arguments
Which were
Rejected by the courts

AFscme won the court battle

Damm Rauners Perfidy

But thanks to this
I have more volunteers
To coordinate
Than I can handle

Comment by Honeybear Thursday, Aug 2, 18 @ 2:35 pm
Uphold the rule of law
Not
Withhold

Sorry, make mistakes when I’m jacked up

Comment by Honeybear Thursday, Aug 2, 18 @ 2:37 pm
Thanks Rich for posting this. It means so much to me and other loyal newer public servants. We serve the state in tough conditions and circumstances.
We deserve better
Than to be treated like this.
To be treated like waitresses who’s tips and wages are being
Stolen
By a perfidious malignantly callous
Boss
Bent on financially hurting the very people who care for our states
Elderly
Disabled
Poor
Vulnerable
Veterans
And citizens

Comment by Honeybear Thursday, Aug 2, 18 @ 2:43 pm
Speaking of respecting the law, I wonder if the gun sanctuary counties that want the state to enforce federal immigration law also support following contract law for state employees?

Comment by anon2 Thursday, Aug 2, 18 @ 2:46 pm
The Administration has been following all of the non-salary related aspects of the contract. They’ve selectively chosen to recognize some areas of the contract and not others. If they don’t believe the contract applies any longer then why don’t they simply start ignoring all of it? To me they defeat their own argument by operating this way.

Comment by Demoralized Thursday, Aug 2, 18 @ 2:52 pm
Rauner should be in jail. He is in contempt of court. Had this been a black governor it would be front page news. Rauner gets away with this because of white male privilege. This man acts as if he is above the law. That report due to the board was to show how he was going to comply as Honeybear stated. Since Rainer failed to demonstrate hiw he would comply I believe the Union should get to decide now and let the Labor Board enforce that since Rauner didn’t submit his plan.

Comment by Real Thursday, Aug 2, 18 @ 3:03 pm
Rauner is not a conservative, with his great deadbeatism. Neither are many other Republicans, with their deficit-ballooning tax cuts, military spending, etc.

What conservative lets debt and deficit explode over not getting policies that had no chance of passing?

What conservative lets contract disputes fester for years, so workers are legally owed money and taxpayers get no savings? Settling with AFSCME a long time ago would have generated taxpayer savings and given state workers a deal that doesn’t fleece them.

Dem. Gov. Brown of California is far more conservative than Rauner. His actions are growing a budget surplus and saving money (rainy day fund).

Comment by Grandson of Man Thursday, Aug 2, 18 @ 3:04 pm
==He is in contempt of court.==

A lawyer can correct me but I don’t believe that’s true. The Court simply said the Labor Board erred in their decision and sent the issue back to them to make a decision. The Governor is refusing to abide by a Labor Board decision right now.

Comment by Demoralized Thursday, Aug 2, 18 @ 3:09 pm
@Demoralized

The court also stated Rauner violated the law as well.

Comment by Real Thursday, Aug 2, 18 @ 3:12 pm
But they sent the case back to the Labor Board to resolve. The Court didn’t order a remedy . . . yet. They left that to the Board. Assuming the Governor maintains this position I’m sure AFSCME will seek such a court order.

Comment by Demoralized Thursday, Aug 2, 18 @ 3:16 pm
Demo- you are getting them confused
Step Increases was completely litigated
Impasse was confirmed, then appealed to the 4th district appellate court
That’s where it resides now awaiting verdict
Which undoubtedly will then be appealed to the ILSC

Steps is a wholely separate lawsuit that predates the impasse
He froze our steps on day one of his administration.
3 courts found that as illegal wage theft
And the ILRB confirmed it
But the problem is that I think only a mandamus from the ILSC could force Rauner to pay it.
I don’t think he could be found in contempt of court because he is a sitting governor
He’s just contemptible
He’s deplorable
He’s a thief
And
He’s going down if
The 39 volunteers at my office alone
Have anything to do with it.

Comment by Honeybear Thursday, Aug 2, 18 @ 3:30 pm
There are several Unions still technically negotiating with the administration (the administration hasn’t declared an impasse). That being said, there haven’t been any meetings for quite some time and probably won’t be any anytime soon. The administration uses the impasse argument as a reason to only have to pay a portion of the step increases. That argument doesn’t apply to the unions other than AFSCME, so maybe he should go ahead and pay those union members for all of the steps they are owed and for the backpay. The longer they wait to pay everyone (including AFSCME) the more money they will owe.

Comment by AnonAnon Thursday, Aug 2, 18 @ 3:36 pm
The Guv isn’t gonna pay. Whacking unions is his raison d’etre. And it is the only big accomplishment he can claim to his base.

Furthermore, it is how guys like him operate in the private sector. They will exhaust all means of delay, and make it as expensive and time consuming as possible before they pay you the money they are obligated to pay you.

Comment by Henry Francis Thursday, Aug 2, 18 @ 3:37 pm
HB:

My point was that I don’t believe he’s in contempt of court yet. That doesn’t mean I don’t agree that he isn’t thumbing his nose at the order. And, yes, he is contemptible.

Comment by Demoralized Thursday, Aug 2, 18 @ 3:44 pm
excuse me, that “he is thumbing his nose”

Comment by Demoralized Thursday, Aug 2, 18 @ 3:44 pm
Hate to be proved right on this one, but I predicted a couple of weeks ago Rauner would delay and this wouldn’t be resolved until he is out of office.

Comment by RNUG Thursday, Aug 2, 18 @ 3:44 pm
–the administration said some state agencies may not have been appropriated enough salary money to pay AFSCME members their step raises going forward.–

I received my back pay in 2013 (I think) when ASFCME made Revenue open the books and show them their budget. So did most of the state employees who were denied the annual raises from the Contract.

Now we have agencies under-staffed so that the Merit Comp employees will get an Under-Budget Bonus.

Let’s open up the books again, to find the hidden funds…

Comment by WhoKnew Thursday, Aug 2, 18 @ 3:47 pm
Rauner needs to be held in contempt of court. He is doing everything in his power to hurt employees and not abide by the orders.

Comment by Anonymous Thursday, Aug 2, 18 @ 3:52 pm
===and make it as expensive and time consuming as possible before they pay you the money they are obligated to pay you.===

And who’s on the hook for all of that money to right his wrongs? Those very taxpayers Rauner and his bots claim he’s lookin’ out for.

Comment by Cubs in '16 Thursday, Aug 2, 18 @ 4:00 pm
Rauner does need to be held in contempt of court. This is completely wrong and RUNG has is down Rauner will not do a thing till he is out of office. I sure hope that comes soon but we will have to see,

I can imagine what would be said of a huge business in Illinois that refused to pay it employee’s what they had contracted to pay. Certainly in an election year Rauner would be all over the company but of course what he does he wants. That is ok.

Comment by cler dcn Thursday, Aug 2, 18 @ 4:30 pm
How much do you want to bet, even if there was compliance on paying on the backpay, that retires and formerly employed by the state would never ever see a payment on the backpay that’s owed to them?

Comment by Iamthepita Thursday, Aug 2, 18 @ 5:04 pm
*retireees

Comment by Iamthepita Thursday, Aug 2, 18 @ 5:04 pm
Interest on back pay meter still ticking.

Comment by Frank Grimes Thursday, Aug 2, 18 @ 5:48 pm
==Interest on back pay meter still ticking. ==

Meanwhile, I will have $3.48 left in my bank account after all my bills clear and have no idea how to get my daughter’s school supplies…if I could at least get my steps I’ll worry about the back pay later.

Comment by Anonymous Thursday, Aug 2, 18 @ 6:13 pm
Once again, Governor “let them eat cake” has taken his ball and stomped home because he hasn’t gotten his way. He would rather the working class, ie, those at the early stages of their careers suffer and become collateral damage, as long as he wins. He’s never walked a mile in my shoes, but I’m not sure if he could keep up. This delay is so unnecessary and as mentioned in a comment above, only costing the taxpayers. I’m glad I like cake, I just wish it were more nutritional…

Comment by fancymeasuperstar Thursday, Aug 2, 18 @ 6:19 pm
Cant wait till November so we can put Rauner out of our misery.

Comment by Generic Drone Thursday, Aug 2, 18 @ 6:33 pm
“He’s never walked a mile in my shoes”

But he’s worn plenty of costumes to fool people into thinking he has.

Comment by Grandson of Man Thursday, Aug 2, 18 @ 6:37 pm
Fancy-
I totally agree but our union is too greedy at times. I would be happy just to be out on my proper step tomorrow and forget back pay. It would help out immensely. I’m owed around 10 k when you factor 7 percent interest. Sure, I would love that, but wanting it and expecting that are totally different. Just put us on our step.

Comment by Nora Thursday, Aug 2, 18 @ 7:41 pm
- Nora - Thursday, Aug 2, 18 @ 7:41 pm:

Really

You sound like Rauner. I am owed over 12 thousand before interest. I want my money. I question your comments.

Comment by Anonymous Thursday, Aug 2, 18 @ 8:07 pm
It is not greedy to be paid what you are owed, Rauner.

Comment by Anonymous Thursday, Aug 2, 18 @ 8:08 pm
Nora,
I haven’t even begun to calculate backpay, it’s too depressing to think about what I have missed out on. I am behind four steps now, so I too would be happy to be placed on the proper step. However, I think the union asking for back pay is appropriate.

Comment by fancymeasuperstar Thursday, Aug 2, 18 @ 8:14 pm
Fancy,
I’m still on step 1 and have missed 4 as well. The steps are laid out on CMS website, it is depressing. And while I agree it’s appropriate; it’s not realistic to expect the state to pay 415 million. Now I know this will rile up so die hard union members; but in doing so, they are asking for cuts in services; layoffs; or furlough days.

Comment by Nora Thursday, Aug 2, 18 @ 8:30 pm
How many of you are State employees spending your work time commenting on CapFax instead of engaging in the performance of productive work on the taxpayer’s dime?

Comment by RealityCheck Thursday, Aug 2, 18 @ 8:42 pm
===How many of you are…===

Lemme guess. You’re a “taxpayer”…

Are you more concerned about the topic or who is standing on your lawn?

Comment by Oswego Willy Thursday, Aug 2, 18 @ 8:46 pm
RealityCheck - can’t employees do whatever they legally and ethically want, such as commenting on CapFax, on their breaks, including lunch break?

Comment by Iamthepita Thursday, Aug 2, 18 @ 9:12 pm
RealityCheck - Thursday, Aug 2, 18 @ 8:42 pm:

Work ended five hours ago. Our comments are in the evening.
Also, look at the last comment.

Comment by Anonymous Thursday, Aug 2, 18 @ 9:14 pm
I wish he were in contempt of court, but I don’t think he is. He is taking advantage of the Illinois Administrative Code which allows for endless appeals. See the code section referenced in the board’s order. Once the compliance officer acts the loser can get another hearing from an ALJ. Then whoever loses that can appeal again to the labor board. Whoever loses that can appeal to the court system and so it goes.

Comment by Anonymous Thursday, Aug 2, 18 @ 11:04 pm
I totally agree but our union is too greedy at times

- Union greedy? Are you serious? Rauner is a millionaire or billinoiare with 9 homes yet he is suing a man he use to do business with because he wants “more” money out the deal. I guess he isn’t greedy when its his money but he lables you greedy when its your money and lie down and take it. Talking about forget the back pay. Did Rauner say forget the money out of that contract dispute he is suing over? Rauner loves the weak. He can’t stand a strong Union like AFCME.

Comment by Real Thursday, Aug 2, 18 @ 11:09 pm
Real, Rauner being greedy has nothing to do with proving the Union isn’t greedy. And while I typically agree the union demands too much, asking for agreed to pay, even back pay, isn’t greedy. We can talk about whether or not paying it off all at once is the best approach, but with interest I’d be surprised if it wasn’t in the States best interest to do so.

Comment by Perrid Friday, Aug 3, 18 @ 6:08 am
I got hired in 2014 at step 1C and veen stuck ever since. Life has been hell because of this. My family hasn’t had a vacation for 3 years.

Comment by Anon Friday, Aug 3, 18 @ 6:56 am
Real, Rauner being greedy has nothing to do with proving the Union isn’t greedy. And while I typically agree the union demands too much, asking for agreed to pay, even back pay, isn’t greedy.

-ofcourse it has nothing to do with Rauner being greedy. It’s the principal smart guy. How can Rauner call workers greedy over a contract dispute when he as a multi-millionaire is suing someone else for more money over a contract dispute? And then for a worker to agree with Rauner is just backwards. As if Rauner’s investment money is more important than your labor money.

Comment by Real Friday, Aug 3, 18 @ 8:14 am
With another hearing and three more appeals in the future it looks like we’ll have to wait until at least January for JB to fix it. - Stuck at step 1c.

Comment by Anon Friday, Aug 3, 18 @ 9:31 am
- Nora - Thursday, Aug 2, 18 @ 8:30 pm:

Or maybe give people extra vacation days in place of back pay

It is owed. Pay it some way

Comment by Anonymous Friday, Aug 3, 18 @ 11:46 am
I see a generation repeatedly being forced to sacrifice, and I see another generation going about their business as usual.

Comment by GenX Thursday, Aug 9, 18 @ 9:48 am
The court never told the ILRB how to resolve the issue, but they did say the steps are owed. And Illinois supreme court refused to hear the appeal, so they agreed. Therefore, I believe this is all up to the labor board to decide. I think the labor board also knows there is no way around this. The general amounts, AND the interest are still adding up, so i think they want this resolved fast. I just hope they choose/chose a compliance officer that will drop the hammer on him. It would be nice if the compliance officer ordered it resolved by elections, on the chance (gaurantee) that he is not re-elected. That way this mess don’t fall to the next governor (JB).

Comment by Me Friday, Aug 10, 18 @ 7:24 am