Court deals setback to Rauner on fair-share
Gov. Bruce Rauner’s push to deprive public employee unions of resources hit another road block on Tuesday when a federal court ruled he didn’t have standing to bring a lawsuit asking that “fair-share” fees be found unconstitutional.
Judge Robert W. Gettleman granted motions by AFSCME and other unions representing public employees, as well as by Attorney General Lisa Madigan, dismissing Rauner’s complaint for lack of standing and subject matter jurisdiction.
"He seeks to represent the non-member employees subject to the fair share provisions of the collective bargaining agreements," Gettleman wrote. "He has no standing to do so.”
Judge Gettleman also denied Rauner’s request to place fair share fees in escrow.
“We’re gratified that the court has rejected Governor Rauner’s latest ploy to weaken the unions that represent police officers, child protection workers, nurses and all who serve our state,” Illinois AFL-CIO President Michael Carrigan said. “This should be a strong signal to the governor that it’s time he treats public service workers with respect.”
Rauner filed the federal lawsuit in February at the same time that he issued an executive order barring state agencies from transmitting employee fair-share fees to the unions. Fair share fees are authorized by state law to ensure that bargaining unit employees who choose not to join the union pay a proportional share of the costs of the union representation from which they benefit.
The Illinois AFL-CIO, AFSCME and dozens of other unions have filed a lawsuit in St. Clair County Circuit Court to have that executive order invalidated. In April, the order was put on hold by the court following an agreement reached between the Rauner administration and the affected labor unions.
While Rauner’s suit has been barred in federal court, three public employees who joined the suit will be allowed to pursue their legal action. They are being represented by National Right to Work Legal Defense Foundation – an organization funded by the corporate elite dedicated to weakening unions – and the Liberty Justice Center, an offshoot of the corporate-backed Illinois Policy Institute.
“The governor and the wealthy elite are trying to take bargaining and political power away from public employees in Illinois,” Council 31 Executive Director Roberta Lynch said. “Whether it’s in circuit court or federal court, we will continue to fight these efforts to weaken unions in our state.”