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Unions Sue to Halt Illinois Executive Order That Would Impact Union Dues


Earlier this month, several unions in Illinois filed a lawsuit in state court to block an Executive Order signed by Illinois Governor Bruce Rauner in February which would bar unions from requiring all state workers to pay the equivalent of dues.  

Note that in Illinois, employees who decline to join a union are required to pay "fair share" fees under the theory that these employees enjoy the benefit of higher wages and benefits the union negotiated on their behalf.  By law, these fees cannot be used for political reasons, however Governor Rauner claimed it is impossible to separate political activity from union bargaining because public sector employees negotiate directly with the government.  As a result, Governor Rauner's Executive Order would end the practice of forcing state workers who choose not to join a union from having to pay "fair share" fees to fund union activity.   

The unions which brought the lawsuit ask the state court judge to put a stop to the decree from the Governor and allow unions access to the fees while the lawsuit plays out.  However, the Governor filed a claim in federal court and requested that the federal court judge uphold the Executive Order, on the grounds that the legality of the fees is an issue that ultimately the United States Supreme Court should decide.  Unsurprisingly, the unions have filed a motion to dismiss the federal claim, on the grounds that the state court should be the one to interpret and enforce state law.


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