3 Ill. state workers join suit against ‘fair share’ dues

Associated Press

CHICAGO

Three Illinois state employees on Monday sought to join Gov. Bruce Rauner’s lawsuit against labor unions, a legal maneuver aimed at trying to end mandatory union dues for nonmembers across the U.S., not just in Illinois.

All three workers’ jobs are covered by collective-bargaining agreements, but the employees opted not to join their union. They say the requirement they pay so-called “fair share” dues, which range from about $19 to $60 per month, violates their First Amendment right of free speech because they disagree with union policies.

“The First Amendment guarantees everyone the right to choose whose speech they support and what groups they associate with,” said Jacob Huebert, an attorney for the employees. “State workers shouldn’t have to sacrifice that right just to keep their jobs.”

Rauner issued an executive order last month ending the dues, which nonmembers are required to pay to cover the cost of nonpolitical union activities that benefit all employees, such as collective bargaining. The order effectively keeps about $3.75 million each year from the unions’ bank accounts.

The new Republican governor also sued more than two dozen public-employee unions, asking a judge in U.S. District Court in Chicago to declare the dues unconstitutional.

Labor unions and Democratic Attorney General Lisa Madigan are asking the judge to dismiss the case. They argue the lawsuit doesn’t belong in federal court, in part because Rauner’s own First Amendment rights aren’t being violated. They also say Rauner’s actions violate state law and filed a lawsuit of their own against the governor in state court in St. Clair County — the venue they say is most appropriate to settle the matter.

Whether the case is heard in state or federal court could have broad implications for U.S. labor law. Rauner said he hopes the case eventually will make its way to the U.S. Supreme Court, where if justices side with him, the ruling could end fair-share dues for unions throughout the country.