Sunday, August 23, 2015

Upcoming House Vote on Governor's Role In Negotiating AFSCME Contract Defining Moment in Springfield Political Struggle

This Tribune story covers a very significant issue percolating in the General Assembly, as the Legislative Branch contemplates whether to remove, at least temporarily, what has historically been a prerogative of the Executive Branch. 

The Senate already voted 38-15 (36 votes required) to strip away much of the Governor's negotiating authority over the labor contract with state employee unions. Existing law provides that the Governor can declare an impasse, and at such time the union can accept the State's final offer or elect to strike. 

This process would change if the General Assembly successfully overrides the Governor's veto of SB 1229. The potential change in law would vest an arbitrator with final decision-making authority over the terms of the contract. Illinois arbitration law restricts arbitrators to a choice between the employer's final offer, or the offer put forward by the union. The contract involves billions of dollars in taxpayer money. The House will attempt to override the Governor's Veto during the upcoming week. 

The contest over the scope of the Governor's involvement and authority to negotiate the labor contract is perhaps the most significant political issue that's arisen during the Governor's first few months in office. In some ways, it's more symbolically important than the ongoing budget impasse, which is playing out according to an existing process contemplated within the Illinois Constitution. 

This is not to suggest that the Governor's authority and role in the labor contract negotiation is a constitutional matter, but it is an historical prerogative that is currently threatened by the decision of another branch of government to change long-standing rules that affect the powers of the Executive Branch over a matter involving billions in taxpayer dollars.

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