Illinois is a union state. Public sector unions hold a tight grip on politicians, state and local budgets, and even dictate whether kids can go to school in person.
Illinoisans who have been working hard to fight against the union power monopoly are now facing a new challenge. A ballot measure, Amendment 1, seeks to strengthen the power of both public and private unions by amending the Illinois constitution to make make collective bargaining a “fundamental right.”
But there is one major problem — the measure violates federal law and the U.S. Constitution.
Now, two Chicago Public School teachers and two parents are suing the Illinois State Board of Elections and state officials to ensure Illinois voters do not face an unconstitutional choice at the ballot box this November.
Amendment 1 gives both government and private-sector employees the “fundamental right” to collectively bargain, but the state cannot lawfully give that right to private-sector workers. The National Labor Relations Act (NRLA) exclusively governs private-sector collective bargaining nationwide and preempts state law. And, the NRLA says that private sector workers have a limited right to bargain under certain circumstances and over certain issues, including wages and hours.
The state cannot adopt a measure that conflicts with federal law. The U.S Constitution makes this clear in the Supremacy Clause. And, the state cannot use taxpayer funds for an unconstitutional purpose — in this case, asking Illinoisans to consider an unconstitutional ballot measure.
Attorneys from the Liberty Justice Center and the Illinois Policy Institute are representing Chicago residents who want the illegal amendment removed.
Jacob Huebert serves as the president of the Liberty Justice Center. He previously served as the Liberty Justice Center’s Director of Litigation. In that role, he successfully litigated cases to protect economic liberty, free speech and other constitutional rights. Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times and Fox News Channel.
Jeffrey M. Schwab is a Senior Counsel at the Liberty Justice Center, where he litigates cases to protect the rights to free speech, economic liberty, private property and other Constitutional rights in both federal and state courts across the country.
This article by Kevin Bessler was published Sep. 7, 2022 on thecentersquare.com. (The Center Square) – For the first time in five years, union membership is up in Illinois just as a battle is brewing over an amendment on the November ballot regarding collective bargaining. According to the Illinois Economic Policy...
This article by Eunice Alpasan was published Sep. 5, 2022 on news.wttw.com. As the U.S. observes Labor Day, Illinois voters are set to cast their ballots in the November general election on a state constitutional amendment that could give workers more rights in the workplace. The so-called Workers’ Rights Amendment would guarantee...
Amendment 1 would further entrench the power of public unions. This article by The Editorial Board was published Aug 29, 2022 on wsj.com. Public unions already dominate government in Illinois, and Democratic lawmakers now want to amend the constitution to entrench that power and block reforms. Those are the stakes...
This article by Andrew Hensel was published June 2, 2022 on thecentersquare.com. (The Center Square) – A Sangamon County Circuit Court judge on Thursday denied a petition that sought to block an amendment that would codify union powers in the Illinois state constitution from appearing on the November ballot. The case...