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Rauner Bans 'Fair Share' Payments For Non-Union State Employees

By Chuck Sudo in News on Feb 10, 2015 9:25PM

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Bruce Rauner
Gov. Bruce Rauner escalated his war against public sector unions late Monday by signing an executive order ending a requirement for state workers to pay the equivalent of union dues, even if they aren’t members of a union—a move met immediately with opposition from organized labor.

In his executive order, Rauner said forcing non-union employees to pay these “fair share” dues (or, in Raunerspeak, “unfair share dues”) was a violation of the First Amendment.

“Government union bargaining and government union political activity are inextricably linked,” Rauner said. “As a result, an employee who is forced to pay unfair share dues is being forced to fund political activity with which they disagree. That is a clear violation of First Amendment rights and something that, as governor, I am duty-bound to correct.”

Rauner has referenced federal “right to work” laws in his increasingly belligerent stance against public sector unions and has asked the Illinois Legislature to consider using them in finding solutions to the economic woes facing state government.

Labor unions characterize these fair share fees as modest contributions from state workers who still benefit from collective bargaining agreements, even as they choose to not join a union. Public sector unions were quick to rebuke the governor, and said his order was illegal and believe Rauner is picking a fight that will eventually lead to the Supreme Court.

Illinois Federation of Teachers president Dan Montgomery called Rauner’s order “an abuse of power and the democratic process, and we won’t stand for it. We are exploring all legal options at this point, and we fully intend to hold this Governor accountable to the U.S. Constitution, Illinois law, and collective bargaining agreements.” United Working Families executive director Kristen Cowell called it “a union-busting salvo.”

"This is part of a right-wing playbook written by Rauner ‘heroes’ such as Scott Walker and Mitch Daniels, and we all know that this has nothing to do with the budget issues facing our state,” Cowell added.

But groups such as the National Right to Work Foundation supported Rauner’s decision and said it would “may give Illinois public employees the Right to Work protections they so desperately need and deserve. These are bold steps to protect Illinois state employees’ rights not to pay tribute to union bosses as a condition of working as public servants.”

Capitol Fax editor and state political pundit Rich Miller called Rauner’s First Amendment argument “circular logic.”

“The bottom line here is that Rauner believes some folks just shouldn’t have to pay for a legitimate service,” Miller writes. “They’re perfectly free to quit their state jobs, after all.” One Capitol Fax reader theorized Rauner’s order sets up a fight between the governor and labor over skyrocketing pension and cost of living allowance costs. Illinois Senate President John Cullerton was measured in his response to Rauner's order. “Our legal staff is reviewing the Governor’s executive order regarding fair share. At the same time, I look forward to hearing the Governor’s budget as we search for common ground to address our fiscal challenges.”