Expert says state labor dispute may reach Supreme Court

AFSCME Rally
AFSCME’s dispute over a new contract may end up in the Supreme Court. (Adam Studzinski/WJBC)

By Greg Bishop/Illinois Radio Network

SPRINGFIELD – A forty hour work week, workplace safety task forces, merit pay bonuses and other terms are on hold for state employees as the AFSCME union challenges Gov. Bruce Rauner’s “last, best and final offer.” One labor expert suggest the dispute may end at the state Supreme Court.

Illinois taxpayers and state employees alike have been waiting for an outcome to the contract dispute for nearly a year. A state labor board impasse ruling finalized this week came as the AFSCME union got a temporary restraining order from a St. Clair County judge that keeps the state from implementing terms, including $1,000 merit pay for eligible state employees just before the holidays.

University of Illinois School of Labor and Employment Relations Professor Michael LeRoy said that means it’s status quo. “The short term is costs are not going to be cut, that’s on the taxpayer’s side. On the employees side, benefits are not going to be cut.”

LeRoy said the case has the potential of making it all the way to the state Supreme Court.

“I think the question that everybody is waiting to answer is how will a partisan supreme court rule in this matter? It has a majority of Democrats. I would expect a vote along party lines in this particular case,” LeRoy said.

Meanwhile, LeRoy said if the courts rule against the union there may be a reluctance to strike because of the parallels to the air-traffic controllers’ strike in the 1980s.

“Public employees…difficult to replace. President (Ronald) Reagan did replace them and was successful. I think that’s first and foremost in the minds of AFSCME.”

Union officials haven’t ruled out a possible strike vote. Rauner has said he won’t lock workers out.

Meanwhile AFSCME, which has been without a contract since July 2015, filed an appeal in Cook County to the labor board impasse declaration. LeRoy said the union is venue shopping.

“They’re looking for friendly courts and Cook County and St. Clair County are really good courts for them to shop at,” LeRoy said. “The Rauner administration would do the same thing. They’ll shop for friendly courts as well and they would be looking in central Illinois for friendly courts but since the adversity is on the union side they’re the party that would look for court action.”

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