Illinois Amendment 1, Right to Collective Bargaining Measure (2022)

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Illinois Amendment 1
Flag of Illinois.png
Election date
November 8, 2022
Topic
Constitutional rights and Labor and unions
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Amendment 1, the Illinois Right to Collective Bargaining Measure was on the ballot in Illinois as a legislatively referred constitutional amendment on November 8, 2022. This measure was approved.

A "yes" vote supported amending the Illinois Constitution to: 

• state that employees have a "fundamental right to organize and 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" and

• prohibit any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively."

A "no" vote opposed amending the Illinois Constitution to:

• state that employees have a "fundamental right to organize and 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" and

• prohibit any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively."


Supermajority requirement: The vote requirement for constitutional amendments was either (a) 60 percent of votes cast on the ballot measure itself or (b) a simple majority of all of those voting in the election.

Election results

Illinois Amendment 1

Result Votes Percentage

Approved Yes

2,212,999 58.72%
No 1,555,929 41.28%
Results are officially certified.
Source


Overview

What did this ballot measure add to the Illinois Constitution?

Amendment 1 amended the Illinois Constitution to say that employees have a "fundamental right to organize and 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." It prohibits any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively," including agreements that require union membership as a condition of employment.[1] State Rep. Marcus Evans (D-33), a legislative sponsor of Amendment 1, said the constitutional amendment would prohibit a right-to-work law in Illinois.[2] Similarly, the Illinois Policy Institute, which opposes Amendment 1, said the measure would make the Illinois Constitution the only state constitution to ban right-to-work laws.[3]

How does the Illinois Constitution compare to other state constitutions on collective bargaining?

As of 2022, at least three state constitutions—Hawaii, Missouri, and New York—provided a right to collective bargaining. Amendment 1 provides a right to collective bargaining and also preempt a right-to-work law and other law that "interferes with, negates, or diminishes" collective bargaining agreements. Language preempting right-to-work or other laws was not included in the state constitutions of Hawaii, Missouri, or New York. Amendment 1 would also provide that a fundamental right to collective bargaining can address "negotiating wages, hours, and working conditions, and to protect [employees'] economic welfare and safety at work," while the other constitutions do not list what collective bargaining can address.

Text of measure

Ballot title

The official ballot title was as follows:[1]

“ PROPOSED AMENDMENT TO THE 1970 ILLINOIS CONSTITUTION

EXPLANATION OF AMENDMENT

The proposed amendment would add a new section to the Bill of Rights Article of the Illinois Constitution that would guarantee workers the fundamental right to organize and to bargain collectively and to negotiate wages, hours, and working conditions, and to promote their economic welfare and safety at work. The new amendment would also prohibit from being passed any new law 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 workplace safety. At the general election to be held on November 8, 2022, you will be called upon to decide whether the proposed amendment should become part of the Illinois Constitution. For the proposed addition of Section 25 to Article I of the Illinois Constitution.[4]

”

Constitutional changes

See also: Article I, Illinois Constitution

Amendment 1 added the following language to Article I of the Illinois Constitution:[1]

(a) 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.

(b) The provisions of this Section are controlling over those of Section 6 of Article VII.[4]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 18, and the FRE is 24. The word count for the ballot title is 130.


Support

Vote Yes For Workers Rights led the campaign in support of Amendment 1.[5]

Supporters

Officials

Unions

  • Associated Fire Fighters of Illinois
  • Chicago Laborers' District Council
  • Chicago Teachers Union
  • Illinois AFL-CIO
  • Illinois Federation of Teachers
  • Illinois Pipe Trades Association
  • SEIU Healthcare Illinois & Indiana

Arguments

  • State Rep. Lance Yednock (D): "One of the most diabolical ways to limit collective bargaining is through so called right-to-work laws. States that limit collective bargaining see declines in wages, benefits, training, and safety standards. And it's a losing proposition for all workers."
  • State Sen. Ram Villivalam (D): "The falling rate of unionization has lowered wages, not only because some workers no longer received the higher union wage, but also because there is less pressure on nonunion employers to raise wages. The ability of unions to set labor standards has declined."
  • Robert Bruno, labor professor at the University of Illinois at Urbana-Champaign: “When you protect worker rights, you actually attract people into that workplace. That’s a way to address the workforce need coming out of COVID … to bring inflation down to really grow an economy from the middle out.”
  • Aaron Sutter, incoming vice president of USW Local 4294: “In an era when corporate-bought politicians and lobbyists are doing everything in their power to undercut workers’ rights, this would really help us level the playing field."

Official arguments

The following was the argument in support of Amendment 1 found in the Proposed Amendment to the Illinois Constitution Guide:[6]

  • Proposed Amendment to the Illinois Constitution: This amendment will protect workers' and others' safety. That includes guaranteeing nurses' right to put patient care ahead of profit and making sure construction workers can speak up when there's a safety issue. It will protect workers from being silenced when they call attention to food safety threats, shoddy construction, and other problems that could harm Illinoisans. This amendment protects firefighters and EMTs who put their lives on the line to protect Illinoisans. It means they get the training and safety equipment they need to do their jobs, and can speak out when they see a problem without fear of retaliation. This amendment will help our economy by putting more money in workers' pockets who join together and get raises. That will mean more money going into our communities and small businesses as people join the middle class with good-paying jobs.

Opposition

Opponents

Officials

Political Parties

Organizations

  • Americans for Tax Reform
  • Illinois Association of School Boards
  • Illinois Chamber of Commerce
  • Illinois Manufacturers' Association
  • Illinois Policy Institute
  • National Federation of Independent Business

Individuals

Arguments

  • State Rep. Blaine Wilhour (R): "I represent a working class district. I support unions and non-unions. But let’s recognize, unions don't create jobs. Special interest pandering may create campaign donations, but it doesn't create jobs."
  • Patrick Andriesen, writer with the Illinois Policy Institute: "Approving Amendment 1 would not protect all Illinois workers, only the special interests who want to put themselves above state law. What it would do is raise taxes on every Illinoisan to pay for excessive benefits for those select few."
  • Illinois Policy Institute: "Amendment 1 would guarantee that the typical Illinois family pays at least $2,149 in higher property tax bills over the next four years, no matter which politicians hold office or whether they follow through on their campaign promises. This is a conservative estimate, assuming the rapid growth of Illinois’ property tax burden holds steady. It’s likely property taxes would grow at an even faster rate, because Amendment 1 would give Illinois government unions unprecedented bargaining powers that don’t exist in any other state."
  • Don Tracy, chairman of Illinois Republican Party: “As Illinois Republicans, we believe in hard work and personal responsibility. We are pro-growth, pro-business, and pro-worker. As a direct result of the important right to organize and collectively bargain, unions have benefited our brothers and sisters in the trades, business, and public safety. While Amendment 1 is being promoted as a workers’ rights initiative, in reality, it is a disguised tax referendum, a Trojan horse that, if passed, is projected to cost a typical family over $2,100 in additional property taxes within the next four years."
  • Mailee Smith, Director of Labor Policy, and Perry Zhao of the Illinois Policy Institute: "A review of Illinois’ state statutes shows the amendment would allow government unions to override more than 350 provisions related to schools, children and other residents. Even those 350-plus provisions are likely just a fraction, because the language of Amendment 1 is so broad it’s hard to predict every potential state law that could be undermined. That’s because the way Amendment 1 is written, it would allow government unions to nullify state laws simply by including contrary provisions in their union contracts."

Official arguments

The following was the argument opposing Amendment 1 found in the Proposed Amendment to the Illinois Constitution Guide:[7]

  • Proposed Amendment to the Illinois Constitution: A fundamental right provided to all citizens under the First Amendment of the United States Constitution is the right to free speech and freedom of association. This amendment prohibits any law or ordinance that allows union workers to choose whether they wish to be a member of the union or not. Under the 2018 United States Supreme Court decision Janus v. Illinois AFSCME, non-union government workers cannot be required to pay union dues as a condition of working in the public sector. Approval of this constitutional amendment will deny that protection to private sector workers. The amendment also states that lawmakers could never "interfere with, negate, or diminish" certain rights. These terms are broad and undefined and leave lawmakers without the ability to clarify through legislation. Our Illinois Constitution provides such protection to public employees. The result of that protection has been to squash efforts by state lawmakers and voters to address Illinois' pension fund deficits.

Campaign finance

See also: Campaign finance requirements for Illinois ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 31, 2022.


The Vote Yes For Workers Rights PAC was registered to support Amendment 1. The PAC raised $16 million, including $2.1 million from the Fight Back Fund.[8]

Two PACs — Vote No on Amendment 1 and Vote Against Amendment One Committee — were registered to oppose Amendment 1. The PACs raised $3.28 million.[8]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $16,036,451.84 $458,039.21 $16,494,491.05 $15,918,552.20 $16,376,591.41
Oppose $3,283,596.00 $5,000.00 $3,288,596.00 $3,183,670.57 $3,188,670.57

Support

The following table includes contribution and expenditure totals for the committee in support of the measure.[8]

Committees in support of Amendment 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Vote Yes for Workers Rights $16,036,451.84 $458,039.21 $16,494,491.05 $15,918,552.20 $16,376,591.41
Total $16,036,451.84 $458,039.21 $16,494,491.05 $15,918,552.20 $16,376,591.41

Donors

The following were the top donors to the committee.[8]

Donor Cash Contributions In-Kind Contributions Total Contributions
Fight Back Fund $1,996,000.00 $109,887.50 $2,105,887.50
Great Lakes Region Organizing Committee $1,109,500.00 $0.00 $1,109,500.00
Liuna Chicago Laborers' District Council PAC $1,010,625.00 $3,125.00 $1,013,750.00
International Union of Operating Engineers $1,005,000.00 $0.00 $1,005,000.00
United Brotherhood of Carpenters and Joiners of America $1,000,000.00 $0.00 $1,000,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the measure.[8]

Committees in support of Amendment 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Vote No on Amendment 1 $3,252,000.00 $0.00 $3,252,000.00 $3,156,600.78 $3,156,600.78
Vote Against Amendment One Committee $31,596.00 $5,000.00 $36,596.00 $27,069.79 $32,069.79
Total $3,283,596.00 $5,000.00 $3,288,596.00 $3,183,670.57 $3,188,670.57

Donors

The following were the top donors to the committees.[8]

Donor Cash Contributions In-Kind Contributions Total Contributions
Richard Uihlein $2,000,000.00 $0.00 $2,000,000.00
Government Accountability Alliance $1,240,000.00 $0.00 $1,240,000.00
Breakthrough Ideas $20,000.00 $0.00 $20,000.00
Cheese Merchants $5,000.00 $0.00 $5,000.00
Dean White $0.00 $5,000.00 $5,000.00
Timothy Ozinga $2,500.00 $0.00 $2,500.00

Media editorials

See also: 2022 ballot measure media endorsements

Support

Ballotpedia did not locate media editorial boards in support of the ballot measure.

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • The Wall Street Journal Editorial Board: "Public unions already dominate government in Illinois, and Democratic lawmakers now want to amend the constitution to entrench that power and block reforms. Those are the stakes of Amendment 1, which will appear on the November ballot."
  • The Chicago Tribune Editorial Board: "Simply put, the Illinois Constitution then would ban any right-to-work laws (not that Illinois actually has any such law), and employers would be able to require workers to pay dues to unions as a condition of employment — something unions generally like because it can otherwise be challenging to collect those dues. Individual workers would not be able to choose whether or not they wanted to be a dues-paying member of a union if one was bargaining for them at their workplace."
  • Daily Herald Editorial Board: "We recommend a "No" vote on Amendment 1 on the state's Nov. 8 ballots not as an argument against unions. They are a bedrock of our society and our economy. In Illinois, unions raise worker wages by an average of 11% and are credited in particular with helping to raise the middle class and thereby helping to reduce income inequality. We recommend a "No" vote on Amendment 1 because it is not needed and because unneeded Constitutional provisions unwisely tie the hands of the people's representatives and the representatives of future generations to deal with problems we may not even foresee today."
  • The News-Gazette Editorial Board: "This amendment is a masterpiece of obfuscation sailing under the banner of making Illinois a constitutionally-mandated non-right-to-work state. In other words, it’s a Trojan horse. One need not be a foe of unions or collective bargaining to have serious doubts as to the wisdom of this proposal. One can vigorously support the rights of employees — public or private — to work out their issues at the bargaining table without seeing this amendment as necessary to enhance their existing statutory rights."


Background

Constitutional rights related to collective bargaining

As of November 2022, the following three state constitutions provide a right to collective bargaining:

  • Hawaii: Article XIII of the Hawaii Constitution states that private employees and public employees "shall have the right to organize for the purpose of collective bargaining."
  • Missouri: The Missouri Constitution's Bill of Rights states that "employees shall have the right to organize and to bargain collectively through representatives of their own choosing."
  • New York: The New York Constitution's Bill of Rights states that "Employees shall have the right to organize and to bargain collectively through representatives of their own choosing." Voters approved the right to collective bargaining via a ballot measure in 1938.

Right-to-work laws

See also: Right-to-work laws

Amendment 1 is designed to prohibit any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively," such as collective bargaining agreements that require union membership as a condition of employment. According to Rep. Marcus Evans (D-33), Amendment 1 prohibits a right-to-work law in Illinois. A right-to-work law mandates that no person can be required to pay dues to a labor union or join a labor union as a condition of employment.

As of 2021, 27 states had right-to-work laws and 23 states, including Illinois, did not have right-to-work laws.

Constitutional amendments on the ballot in Illinois

Between 1995 and 2020, the following occurred in Illinois:

  • Ballots featured 11 ballot measures.
  • An average of one measure appeared on statewide general election ballots.
  • An average of between zero and one legislatively referred amendments appeared on statewide general election ballots.
  • Voters approved 73 percent (8 of 11) and rejected 27 percent (3 of 11) of the ballot measures.
  • Voters approved 71 percent (5 of 7) and rejected 29 percent (1 of 7) of referred amendments.
  • Three advisory questions appeared on the ballot.
  • Zero citizen-initiated measures appeared on the ballot.
Ballot measures in Illinois, 1996-2018
Type Total number Approved Percent approved Defeated Percent defeated Average Median Minimum Maximum
All measures 11 8 72.7% 3 27.3% 0.9 1.0 0 5
Initiatives 0 N/A N/A N/A N/A 0.0 0.0 0 0
Legislative amendments 7 5 71.4% 2 28.6% 0.5 0.0 0 2
Advisory questions 3 3 100.0% 0 0.00% 0.3 0.0 0 3

Path to the ballot

See also: Amending the Illinois Constitution

In Illinois, a constitutional amendment requires a 60 percent vote in each chamber of the Illinois General Assembly during one legislative session.

The constitutional amendment was introduced into the Illinois General Assembly as Senate Joint Resolution 11 (SJR 11) on May 7, 2021. The Illinois Senate voted 49 to 7 to pass SJR 11 on May 21, 2021. The Illinois House of Representatives voted 80 to 30 to pass SJR 11 on May 26, 2021.[1]

Vote in the Illinois State Senate
May 21, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 36  Approveda
YesNoNot voting
Total4973
Total percent83.05%11.86%5.09%
Democrat3803
Republican1170
Vote in the Illinois House of Representatives
May 26, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 71  Approveda
YesNoNot voting
Total80308
Total percent67.80%25.42%6.78%
Democrat7102
Republican9306

Sachen v. Illinois State Board of Elections

  
Lawsuit overview
Issue: Did the Illinois Right to Collective Bargaining Amendment violate the supremacy clause by using public funds to place the amendment on the ballot?
Court: Fourth District Appellate Court of Illinois
Ruling: The Appellate Court affirmed the decision of the Seventh Judicial Circuit Court, which found that no reasonable grounds existed for the proposed taxpayer action because (1) Amendment 1 could have some valid applications that would not be subject to preemption and (2) preemption could only render Amendment 1 “dormant, not invalid.”
Plaintiff(s): Sarah Sachen, Ifeoma Nkemdi, Joseph Ocol, and Alberto MolinaDefendant(s): The Illinois State Board Of Elections, et al.
Plaintiff argument:
The plaintiffs argue that the National Labor Relations Act (NLRA) governs private sector collective bargaining nationwide, and because Amendment 1 would regulate the same activity by establishing a state-law right to collective bargaining for private-sector employees, it is subject to preemption by the NLRA and in violation of the supremacy clause.		Defendant argument:
The defendants argue that no reasonable grounds existed for the filing of the plaintiff's complaint.

  Source: [1][2][3]

On April 21, 2022, two Chicago Public Schools teachers and two parents filed a lawsuit in the Seventh Judicial Circuit Court in Sangamon County against the Illinois State Board of Elections, the Illinois Secretary of State, and the Illinois State Comptroller, seeking to remove the Illinois Right to Collective Bargaining Amendment from the ballot. The petitioners, represented by attorneys from the Liberty Justice Center and the Illinois Policy Institute, alleged that the amendment would violate the U.S. Constitution by creating a state-law right to private-sector collective bargaining. They said the Illinois Supreme Court had ruled that taxpayers could seek to block unconstitutional proposals from being placed on the ballot.[9][10]

A hearing was held on May 20, 2022.[11] On May 26, Circuit Judge Raylene Grischow denied the petition, writing that “the Court has no power to restrain a referendum on the grounds that, if the proposed law were enacted, its enforcement would be unconstitutional” and that the petitioners “[offered] no basis for preventing the Amendment’s submission to the voters merely because some anticipated applications may be preempted by federal law.”[12]

Representatives from the Liberty Justice Center and the Illinois Policy Institute announced they would appeal the circuit court’s decision.[13] On August 26, the Fourth District Appellate Court of Illinois affirmed with the trial court.[14]

How to cast a vote

See also: Voting in Illinois

Click "Show" to learn more about voter registration, identification requirements, and poll times in Illinois.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Illinois General Assembly, "SJRCA0011," accessed May 23, 2021
  2. ↑ The Center Square, "Proposed amendment enshrining collective bargaining heads to voters," May 26, 2021
  3. ↑ Illinois Policy, "Fact Check: No Other State Constitution Has a Provision Similar to Amendment 1," August 10, 2022
  4. ↑ 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. ↑ Vote Yes For Workers, "Homepage," accessed Oct 18, 2022
  6. ↑ Illinois Secretary of State, "Proposed Amendment to the Illinois Constitution," accessed October 27, 2022
  7. ↑ Illinois Secretary of State, "Proposed Amendment to the Illinois Constitution," accessed October 27, 2022
  8. ↑ 8.0 8.1 8.2 8.3 8.4 8.5 Illinois State Board of Elections, "Committee Search," accessed October 29, 2022
  9. ↑ Seventh Judicial Circuit Court, "Sarah Sachen, Ifeoma Nkemdi, Joseph Ocol, and Alberto Molina v. The Illinois State Board of Elections," April 25, 2022
  10. ↑ Illinois Policy, "Illinois Parents, Teachers Sue to Get Unconstitutional Union Boost Off Ballot," April 25, 2022
  11. ↑ The Center Square, "Labor amendment lawsuit heard in county court," May 25, 2022
  12. ↑ Seventh Judicial Circuit Court, "Order denying leave to file taxpayer action," May 26, 2022
  13. ↑ Liberty Justice Center, "Liberty Justice Center and Illinois Policy Institute: Statement on Amendment 1 Hearing," June 2, 2022
  14. ↑ Illinois Attorney General, "Opinion Filed Letter," Aug 26, 2022
  15. ↑ WQAD 8, "All you need to know about Tuesday's Illinois primary," accessed April 11, 2023
  16. ↑ 16.0 16.1 16.2 Illinois State Board of Elections, "Registering to Vote in Illinois," accessed April 11, 2023
  17. ↑ Ballotpedia Legislation Tracker, "Illinois SB2123," accessed August 14, 2023
  18. ↑ Illinois State Board of Elections, "Frequently Asked Questions," accessed April 11, 2023
  19. ↑ Illinois State Board of Elections, "Illinois Voter Information," June 16, 2015
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