- Illinois voters approved a broadly worded ballot initiative to provide an expansive right to collectively bargain over topics that extend beyond traditional NLRA-defined terms and conditions of employment.
- This Amendment would have a significant impact on bargaining rights in both the public and private sectors, although it faces potential preemption by the NLRA.
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On November 8, 2022, Illinois voters approved the Illinois Constitution Amendment 1 (the “Workers’ Rights Amendment” or the “Amendment”), which amends the state constitution to guarantee workers a broad right to collective bargaining. Originally passed as a proposed amendment by the Illinois State Legislature on May 26, 2021, the Amendment received 58% of the vote, with more than 2.1 million ballots cast in its favor.1 The Amendment states:
Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. No law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a...
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