Well, that’s interesting. Illinois’s newly inaugurated Gov. Bruce Rauner has thrown down the gauntlet:
Moving beyond rhetoric, Republican Gov. Bruce Rauner on Monday issued an executive order that aims at absolving state workers who don’t want to join a union from paying fees that support collective bargaining.
The new governor’s decree effectively attempts to impose right-to-work rules on public employees, an idea Rauner and his pro-business allies also are pursuing for private-sector unions.
My first question is whether Gov. Rauner is acting within his powers in doing this? I’d welcome opinions on that.
It seems to me that there are three questions: the governor’s powers under the state constitution, his powers under statute, and the contents of the state’s contracts with its public employees’ unions.
It appears that I’m not the only one raising these questions:
Anticipating a strong pushback from organized labor, Rauner filed a pre-emptive federal lawsuit in Chicago seeking to have his decision declared legal. But the move likely will spark additional court battles as unions quickly decried the effort as an illegal abuse of power. It’s also possible Democratic lawmakers could vote to overturn Rauner’s executive order.
Under state law, employees can decline to join a union but are still on the hook for “fair share†fees related to collective bargaining and contract negotiations. The idea is that if all employees are getting the benefits from a new contract, everyone should contribute to the cost.
Illinois statute prohibits those fees from being used to support political activities, but Rauner contended it’s nearly impossible to draw a distinction because public sector unions directly negotiate with the government.
Indiana’s former Gov. Mitch Daniels led the way on this back in 2005 and it will be interesting to see how this works out. This is totally consistent with the remarks Gov. Rauner made in his State of the State address, namely that if Illinois is to compete with its neighbors conditions here must be brought more into line with those that prevail among our neighbors.
There’s more commentary on this story at memeorandum.
Update
Wisconsin resident Ann Althouse notes the temperate reaction to the governor’s move from the Illinois Democratic leadership:
Explain the calmness: 1. The Democrats have the majority, so they’ll be in control and need to plot a careful response, 2. The Democrats feel vulnerable in the next election cycle, and Rauner is shining a light on what actually is something of a “corrupt bargain… crushing taxpayers,” and an intemperate reaction would make them look guilty, 3. They know the budget needs hard work, and they rather appreciate Rauner’s taking the front line against the unions, 4. All of the above/something else?
I’d pick door #1 except that I’d stop with “The Democrats have the majority”. Democrats have a super-majority in both houses of the Illinois legislature. It’s well within their power to block anything Gov. Rauner does. Why be intemperate? They have nothing to worry about.