Illinois Passes Workers' Rights Amendment

Published date21 November 2022
Subject MatterEmployment and HR, Employee Benefits & Compensation, Employee Rights/ Labour Relations
Law FirmLittler Mendelson
AuthorMs Jennifer Jones, Scott Mainquist, David P. Radelet and Dru Selden
  • Illinois voters approved a broadly worded ballot initiative to provide an expansive right to collectively bargain over topics that extend beyond traditional NLRA-defined terms and conditions of employment.
  • This Amendment would have a significant impact on bargaining rights in both the public and private sectors, although it faces potential preemption by the NLRA.

On November 8, 2022, Illinois voters approved the Illinois Constitution Amendment 1 (the 'Workers' Rights Amendment' or the 'Amendment'), 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% of the vote, with more than 2.1 million ballots cast in its favor.1 The Amendment states:

Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. No law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment.2

This Amendment would have a significant impact on bargaining rights in both the public and private sectors, but faces potential preemption by the National Labor Relations Act.

The Amendment's Broad Language Could Expand Employee Collective Bargaining Rights

Rather than track the language of federal or other state collective bargaining laws, the language of the 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.3 The Amendment, however, adds to these topics an employee right to bargain 'to protect their economic welfare and safety at work.' The Legislature does not define what is meant by the term of...

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