On July 20, 2018, the Illinois Attorney General issued guidance to reaffirm the collective bargaining rights of public employees under Illinois law and to provide initial direction on union dues and agency (i.e.,“fair share”) fees under the Janus decision. See Guidance Regarding Rights and Duties of Public Employees, Public Employers, and Public Employee Unions after Janus v. AFSCME Council 31 [1]. While our prior article [2] on Janus covered many of the issues raised by the guidance, the Illinois Attorney General has provided public employers with following additional direction:
- Janus has no effect on the existing rights of public employees to self-organize; form, join, or assist any labor organization; bargain collectively through representatives of their own choosing; and engage in other concerted activities.
- Public employers may not interfere, restrain, or coerce public employees in the exercise of these rights; may not discriminate with respect to hiring, termination, or any other term or condition of employment to discourage union membership or support; and cannot refuse to bargain collectively in good faith with the exclusive representative of their employees.
- Janus has no impact on the union’s current procedure or pre-existing arrangements for the collection of dues, which means union members are not required to reaffirm their prior authorizations for the deduction of dues.
- A public employer is legally prohibited from deducting agency fees from public employees who are not union members, unless a union provides bargaining unit employees with the option of paying agency fees and a bargaining unit employee provides the public employer with affirmative consent for such deductions.
- Notwithstanding the Freedom of Information Act, unions are entitled to receive the names and home addresses of all bargaining unit employees pursuant to Illinois public sector labor law.
If you have any questions regarding Janus or labor law generally, you may contact your Tressler attorney.