Illinois Gov. J.B. Pritzker signed legislation that precludes political subdivisions of the state from enacting local “right-to-work” laws. In 2017, the Democrat-controlled legislature passed similar legislation that would have prohibited employers and labor organizations from requiring a worker to join or pay union dues, which was vetoed by then-Gov. Bruce Rauner. This time around, the legislation was approved unanimously by the Senate and by a 101-8 vote in the House.
In 2015, the Lincolnshire Village Board passed an ordinance stating that individuals at unionized companies could not be compelled to pay union dues as a condition of employment, also known as “right-to-work.” That law was challenged by four labor unions and eventually struck down in a U.S. District Court and upheld in the 7th Circuit Court of Appeals.
Gov. Pritzker, who was supported heavily by labor unions in the 2018 Democratic primary and general election, has implemented sweeping labor reforms since taking office in January. On his first day in office, Gov. Pritzker signed an executive order that directed state agencies to comply with the state’s Project Labor Agreements Act, reversing the Rauner administration’s position on PLAs. The governor also amended the state’s Prevailing Wage Act, requiring the Department of Labor to adopt collective bargaining agreements as the prevailing wage rates in localities when a certain standard is met by local labor unions.
Illinois joins New Mexico in becoming the second state this year to prohibit these types of local ordinances at the state level. The Village of Lincolnshire has filed an appeal asking the U.S. Supreme Court to clarify whether a law enacted by a political subdivision of a state constitutes “state law” under the National Labor Relations Act. Until potential clarification from the Supreme Court, however, statewide bans on these local prohibitions remain in place in Illinois and New Mexico.
