Illinois House Speaker's staff continues attempt to unionize

Staffers attempting to unionize in House Speaker Emanuel “Chris” Welch’s office are continuing their suit against the Hillside Democrat.

The Illinois Legislative Staff Association filed a response on July 31 to the speaker's motion to dismiss their case, alleging Welch has failed to engage in collective bargaining. The association formed in 2022 after voters approved the Workers' Rights Amendment that November — codifying a worker's ability to organize and collectively bargain in the state constitution.

"Until adoption of the Workers’ Rights Amendment, the Speaker’s own legislative staff had no legal right like other employees to bargain with their employer over wages, hours, and working conditions," the staff association wrote in their motion in Cook County Circuit Court. "Now they do."

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The Illinois Public Labor Relations Act , Welch's attorneys write in their motion to dismiss, excludes employees of the Illinois General Assembly from its definition of a "public employee" thus providing them no pathway to unionize. This was also the finding of the Illinois Labor Relations Board when they denied the association's petition to form a bargaining unit in March 2023.

Taking their case beyond the state labor relations board was "forum shopping" by the staffers, defendants wrote in their June 24 motion. The staffers contend, however, the labor relations board does not have the ability to conduct constitutional analysis and only courts can properly rule on the matter.

“Through this suit, Plaintiffs are attempting to bypass the carefully crafted labor representation process set forth in IPLRA and 40 years of case law,” the defendant's filing said.

The battle to unionize legislative staff comes after the Illinois House passed House Bill 4148 , allowing the unionization to move forward, during last year's fall veto session. The bill has since languished in the Senate, never making it to a committee vote during the spring session.

While previously thanking Welch for introducing the bill and pushing it through to the next chamber, the staffers now say it is the speaker who is blocking that effort. They have accused him of working with Senate President Don Harmon, D-Oak Park, to guarantee the bill does not move in the Senate.

ILSA announced their filing hours after Gov. JB Pritzker signed into law legislation limiting employers' use of "captive audience" meetings where employees are effectively forced to listen to the political or religious views of their boss.

The " Worker Freedom of Speech Act " passed in the Illinois General Assembly mostly along party lines this spring, 79-30 in the House and 39-18 in the Senate, and was led by Sen. Robert Peters, D-Chicago.

The new law goes into effect on Jan. 1, 2025, and does not prohibit businesses from holding these meetings, but rather prevents employers from punishing workers if they choose not to attend them. Illinois became the eighth state, joining states like New York and Minnesota, to pass such a law.

Hannah Meisel of Capitol News Illinois contributed to this report.

Contact Patrick M. Keck: pkeck@gannett.com, twitter.com/@pkeckreporter.

This article originally appeared on State Journal-Register: Illinois House Speaker's staff continues attempt to unionize