Amendment 1 articles

The Workers’ Rights Amendment added Section 25 to the Illinois Constitution, guaranteeing the fundamental right to organize and to bargain collectively while preventing laws from being passed that interfere with, negate, or diminish that right. Among all ballots cast, the vote was 53% yes and 38% no, with 9% not voting.

Jim Dey: “More is not known about the amendment’s impact than is known. The new arbiters of labor negotiations may well Illinois’ judges. One labor leader recently told the Chicago Tribune that the judiciary will decide just what the voters approved.”

David Greising, of the Better Government Association: “The stakes are high, which makes it all the more perplexing that this vital issue drew so little public debate leading up to the midterm vote…(N)ews coverage statewide focused scant attention on the stakes and consequences. (Gov. JB) Pritzker and his gubernatorial opponent, Republican Darren Bailey, barely touched on the issue. This left the unions that backed the measure with a chance to shape public opinion. Dozens of union locals from across the state contributed the bulk of the $13 million raised by a campaign committee, formed in 2020, to build support for

“Finally, some also believe the amendment could spur a states’ rights challenge to Janus (v. AFSCME ruling). Though its text does not call for public-sector unions to again charge mandatory fees of non-union members, the theory is that were a public-sector union to try and reinstitute such fees under Illinois’ constitution, it might be more likely to prevail than by relying on mere Illinois law, which Janus overruled.”

“Amendment 1 could allow government union contracts, and that includes police contracts, to override state laws and that includes portions of the SAFE-T Act,” said Illinois Policy Institute staff attorney Mailee Smith. “Those police unions would have the ability to demand that there are basically contrary provisions in their collective bargaining agreement that would override state law like the SAFE-T Act.”

Nearly every phrase of the 119-word amendment is likely to be parsed by labor and management attorneys as new groups of workers seek to organize and existing unions use the new language to strengthen their position at the bargaining table. Among issues for potential legal disputes are who counts as an “employee” covered by the amendment, how the language comports with existing state and federal law, and what falls within the bounds of “economic welfare” and “safety at work.”

“Giving unelected special interests legislative control via Amendment 1 creates a serious risk that the cost of government at all levels will rise, meaning higher taxes, especially for homeowners. As (Park Forest resident Rev. Phalese) Binion said of property taxes on her home, ‘This is not the American Dream. This is the American nightmare.'”

Voters can change the Illinois Constitution in one of two ways: 60% of votes on the change, or a majority of total election votes. The Amendment 1 vote is so close and so many ballots remain uncounted, that calculating those two numbers remains elusive.

“In the wake of an ongoing national discussion about threats to democracy, Illinois’ Amendment 1 presents perhaps the most direct threat yet, especially since the amendment has potential to set a precedent for copycat laws across the nation. Tim Drea, president of Illinois’ largest government union, has already said union counterparts from around the country have shown interest in the amendment. “

“Should Amendment 1 pass, it could only be changed or repealed via additional constitutional referendum, effectively usurping the power of the State Legislature to make needed changes in the future,” Illinois Republican Party Chairman Don Tracy said. “While we support workers and their right to organize, the Illinois Republican Party opposes the passage of Amendment 1.”

“A big important state like Illinois enshrining this right to their constitution sends a signal across the country that the right to bargain collectively is a fundamental right,” explains Daniel Galvin, a political scientist and faculty fellow at Northwestern University’s Institute for Policy Research.

In Illinois, residents will vote on Amendment 1 to decide what matters will fall under the scope of public-sector collective bargaining. Expanding the scope of collective bargaining would undermine worker freedom by eroding workers’ ability to set their own terms with employers, while also significantly increasing the cost of government in Illinois.

Bill Graham, of Glen Ellyn, was an environmental engineer who is now retired. “We (Illinois) might become No. 1 in the exodus department as well as the property tax department.”

“If Illinois residents think things can’t get any worse economically, just wait. On Nov. 8, they’ll vote on an amendment to the state’s constitution that would guarantee it.”

Said Chris Davis, president of the Illinois Chapter of the National Federation of Independent Businesses, “It would put what is decided at the negotiating table ahead of state law itself. We’re extremely concerned that whatever benefits are negotiated will then be constitutionally protected, and that legislators have abdicated financial regulatory responsibility.

On Nov. 8 voters in Illinois might make it even harder for businesses to make rent if Amendment 1 at the top of the ballot is passed. It is expected to lock in a $1.8 billion commercial property tax during the next four years. Those tax hikes are factored into rent by landlords.