Illinois Right to Organize Measure Gains Majority, But Not Certainty

Abstract

While it appears that most Illinois voters have endorsed a ballot measure to amend the state's constitution to codify the right of workers to organize and bargain collectively, opponents say the amendment is not yet a done deal. The "Workers' Rights Amendment," as it is dubbed, also would prohibit any law from being passed in the state that would interfere with those rights. With about 90% of the vote tallied, results showed that 58.7% of voters had voted "Yes" to the amendment on the Nov. 8 ballot while 41.3% voted against it, according to unofficial vote totals. To be approved, the question requires a simple majority of all voters who voted in the election or 60% of voters who voted on the issue. "Prohibiting the state of Illinois from passing a right to work law will support the wage and benefit levels that Illinois workers currently enjoy." Alicia Martin, president and CEO of Associated Builders and Contractors of Illinois, said in an email Nov. 9 that it is too early to say the measure had passed, noting negative impacts she said it would have. "The amendment limits the Illinois legislature, governor, city councils, county boards and every other elected official or governing body in creating any law or ordinance now or in the future regarding wages, benefits and working conditions," she said in an email. "This attempt to create a state-law right to private-sector collective bargaining on top of that violates federal law and the Supremacy Clause of the U.S. Constitution. Even if it passed, Amendment 1 should not affect private-sector construction firms because their collective bargaining is still exclusively governed by the National Labor Relations Act."He said the center will wait for the final vote results before deciding whether to take further action.