Rauner seeks expedited appeal to impose terms

Illinois state employees are faced with yet another Rauner legal maneuver.

In early March, the Fourth District Appellate Court had granted AFSCME’s request for a stay that prevents Rauner from moving forward with his efforts to impose his extreme contract demands on all state employees. In issuing the stay, the court indicated that AFSCME has a “reasonable likelihood” of prevailing on the merits of the case

The stay puts on hold the Illinois Labor Relations Board “impasse” ruling regarding contract negotiations until the Appellate Court hears AFSCME’s appeal of the ILRB decision. The provisions of the union contract remain in effect during this time, pursuant to the “Tolling Agreement” between AFSCME and the Rauner Administration.

Now Governor Rauner has filed a motion for direct appeal of that case to the Illinois Supreme Court. After previously going to the Supreme Court to strongly argue that AFSCME’s appeal should be heard in the Fourth District Appellate Court, the governor seems to have suddenly decided that court is no longer the appropriate venue. Based on a web of half-truths and outright falsehoods, Rauner is now urging the Supreme Court to bypass the appellate court process entirely and directly take up AFSCME’s appeal of the ILRB impasse ruling.

Rauner is obviously frustrated by the Fourth District’s decision to grant a stay. In fact, the Administration’s motion for direct appeal also asks the Supreme Court to dissolve the stay issued by the Appellate Court so that the governor could begin immediately to impose his terms even while the case is being heard.

AFSCME will oppose the Rauner Administration motion for an expedited process. The Union will argue that the stay should remain in place and that our case should proceed through the normal judicial review—first being heard in Appellate Court, with either party having the option to appeal that ruling to the Supreme Court at the appropriate time.