As 2022 draws to a close, Illinois and Chicago employers face new labor and employment obligations heading into the new year.
Illinois Voted Yes to Workers’ Rights Amendment – But Litigation Is Expected in 2023
On November 8, 2022, Illinois voters approved the Workers’ Rights Amendment (WRA) to the Illinois Constitution that guarantees workers a fundamental right to organize and bargain collectively over wages, hours and other terms and conditions of employment, and permits compulsory membership in unions as a condition of employment. In doing so, Illinois voters formally rejected so-called right-to-work laws or constitutional amendments, which 28 states have adopted and that currently prohibit any employee from being forced to join a union or pay union dues as a condition of employment.
The WRA makes Illinois the first state to reinforce collective bargaining rights through a constitutional amendment. The WRA prohibits laws that interfere with private sector employees’ right to bargain collectively “through representatives of their own choosing,” bars laws that prohibit compulsory union membership and materially expands the collective bargaining topics to include employees’ “economic welfare” and workplace safety.
Despite its history making in Illinois, the WRA faces a legal battle based on arguments that it is preempted by the National Labor Relations Act’s (NLRA) existing regulation of collective bargaining rights in private sector employment. The NLRA and Illinois...
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