On Nov. 8, Illinois voters approved the Illinois Constitution Amendment 1, 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 percent of the vote with more than 2.1 million ballots cast in its favor.
The amendment will have a significant impact on bargaining rights in both the public and private sectors, but faces potential preemption by the National Labor Relations Act (NLRA). Rather than track the language of federal or other state collective bargaining laws, the language of the Illinois amendment is arguably broader in a couple of areas. The language of the amendment raises questions about who is permitted to bargain with an Illinois employer, when such bargaining is permitted, and the scope of such bargaining.
For example, both the NLRA and Illinois public-sector labor law protect employees' right to organize and bargain collectively regarding wages, hours, and other terms and conditions of employment. The amendment, however, adds employees' right to bargain "to protect their economic welfare and safety at work." The amendment does not define what is meant by the term "economic welfare," but it arguably denotes a concept that extends beyond traditional NLRA terms and conditions of employment.
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