February 8, 2023

Volume XIII, Number 39

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February 06, 2023

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Game on in Illinois: Democrats React to Governor's Fair Share Move

The week started in Illinois with newly elected Illinois Governor Bruce Rauner issuing an executive order ending a requirement that non-unionized state workers pay “fair share” union dues and filing suit in federal court seeking a declaration that the process was unconstitutional under the Supreme Court’s decision in Harris v. Quinn.

The week ended with Illinois Attorney General Lisa Madigan, a Democrat, vowing to intervene in Rauner’s complaint in federal district court. In addition, Madigan contended that the state could not comply with the governor’s Executive Order 15-13. The order, signed by Rauner on Feb. 9, directs state agencies to deposit fair share dues withheld from employees’ paychecks into an escrow account during the litigation over the Executive Order. However, Republic Comptroller Leslie Munger, acting on Madigan’s legal analysis Madigan, has decided not to hold the funds in escrow.

The legal analysis here would appear to hinge on whether the Supreme Court’s decision in Harris v. Quinn controls or, as Madigan asserts, public employee fair share dues are still allowed under  U.S. Supreme Court’s decision in Abood v. Detroit Board of Education from 1977.

© 2023 BARNES & THORNBURG LLPNational Law Review, Volume V, Number 47
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About this Author

Gerald Lutkus, Barnes Thornburg Law Firm, South Bend, Labor and Employment Attorney,
Partner

Gerald F. (Jerry) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation Departments. He practices in the areas of labor and employment law counseling and litigation, arbitration, collective bargaining, and media law. Mr. Lutkus has been recognized on the Indiana Super Lawyers list for his work in labor and employment Law. The Best Lawyers in America has recognized Mr. Lutkus for over 10 years for his work in commercial litigation, employment law - management...

574-237-1118
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