By Illinois Radio Network
SPRINGFIELD – An Illinois state worker who chose not to be in his union has filed to insert himself into a lawsuit that seeks to allow public employee unions to negotiate lesser benefits for non-members they’re still representing.
The head of the International Union of Operating Engineers Local 150 is suing to allow unions to negotiate deals that were better for union members than for non-dues paying members. They say that they’re being forced to “use their money to speak on behalf of the non-members” after a court ruling saying the forced dues the non-members were paying was unconstitutional.
State worker Brian Trygg filed to intervene in the case, saying Attorney General Lisa Madigan is biased and isn’t representing him.
Trygg was also one of the original filers in Janus v. The American Federation of State, County and Municipal Employees Council 31 (AFCME), which the U.S. Supreme Court ruled in Janus’ favor in June, banning forced union fees as a violation of the First Amendment’s right for Americans to associate with whom they want.
Patrick Semmens, vice president with the National Right-to-Work Foundation, says his client and others would be discriminated against while being unable to negotiate on their own.
“He’s not allowed to go to his employer and tell them he doesn’t want the union contract and negotiate for himself,” he said. “The union has taken that away from him.”
Union leaders say that allowing nonunion members to represent themselves in the workplace will lead to government employers coercing employees into dumping whatever union the bosses didn’t like.
There are lawsuits in other states that directly contest the constitutionality of exclusive representation by unions of employees who opt out of union membership under the same First Amendment argument as Janus vs. AFSCME.
Semmens says Trygg is right to intervene since Madigan has acted against the spirit of the case she’s supposed to defend.
“Lisa Madigan has signed briefs in opposition to Janus and has issued statements since Janus attacking the ruling,” he said. “There are relevant cases to which she and her office didn’t cite in response to the lawsuit.”
Madigan’s office said it is due to respond to Trygg’s attempt to intervene Tuesday.
