Top of the Illinois ballot: What to know about the Workers' Rights Amendment

Despite a legal attempt to thwart it ever making the November ballot, Illinoians will vote on a proposed constitutional amendment this election for the first time since 2020.

Amendment 1, or what is commonly known as the Workers' Rights Amendment, will be the first issue to appear on ballots throughout the state which aims to guarantee an employee's right to unionize and bargain collectively.

The measure is a result of the Illinois General Assembly passing Senate Joint Resolution Constitutional Amendment 11 in May 2021, receiving bipartisan support in the House and Senate.

Related:As Illinois gears up to vote on workers' rights, unions remember those killed on the job

Here are four questions regarding Amendment 1 - its language, backers, detractors, and required vote to pass - and their answers.

What is the exact language of the Workers' Rights Amendment?

Passage of the amendment would bring the following additions through Section 25 to Article 1 of the Illinois Bill of Rights — part of the state constitution since 1818.

"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."

"The provisions of this Section are controlling over those of Section 6 of Article VII."

For the Illinois General Assembly, the amendment would essentially prevent them from passing "right-to-work" bills that would hinder or deny employees' ability to organize and to negotiate terms for hours, wages, and workplace safety with their employers.

Who supports the issue?

Unions fervently back Amendment 1, especially Illinois AFL-CIO which represents 900,000 union members throughout the state. ILALF-CIO has worked at phone banks put on by Vote Yes for Workers' Rights on behalf of the campaign and created several TV ads promoting the bill.

"The worker's rights amendment will keep more jobs in Illinois. It is good for the family, and it's good for the economy," the ad from Vote Yes for Workers' Rights said. "At the top of your ballot, vote yes on the worker's right amendment."

ILALF-CIO almost exclusively endorsed Democrat candidates in the upcoming election, whose state party unanimously voted to endorse Amendment 1 last March.

Calling its passage a "top priority" for the Democratic Party of Illinois, then DPI chair U.S. Rep. Robin Kelly said the amendment was necessary to prevent anti-worker legislation from being passed in Springfield.

“This amendment means enshrining worker protections into the Illinois Constitution, protecting workers from potential attacks on their livelihoods by anti-worker Republican legislators who have driven down wages, benefits, and workplace protections in other states," she said in a statement.

Joe Bowen, communications director for Vote Yes for Workers’ Rights, made similar remarks at a recent Citizens Club of Springfield forum. Economic struggles caused by the COVID-19 pandemic and inflation have been felt by many in the state's working class, he said, making passage in November paramount.

"It's going to help us put more money in the pockets of Illinoisians," he said at the forum held at the Hoogland Center for the Arts. "When working families do better, they don't hoard it for themselves. They contribute even more to the communities that they love and call home."

During Thursday's governor debate at Illinois State University, Democrat Gov. JB Pritzker was asked about the need for the amendment as the National Labor Relations Act already permits collective bargaining at the federal level.

The power of corporations, Pritzker said, far exceeds that which an individual worker holds -- which makes the need to protect their collective bargaining essential he said.

"Workers ought to be able to get together and go in together to try to get a better wage, a safer workplace, and benefits," he said. "That's what we're trying to guarantee."

Who is opposed to the issue?

President and CEO of the Illinois Chamber of Commerce Todd Maisch represented the business argument during the CCS forum. Much of what the amendment calls for is already protected by federal law, he said, as the right to organize and collectively bargain by the National Labor Relations Act of 1935.

By blocking right-to-work measures -- measures that prevent employers from mandating employees to join or not join a union -- Maisch said businesses will leave Illinois for states like Indiana and Iowa where right-to-work is ensured.

"Otherwise, it is essentially compulsory union membership," he said. "Illinois establishes itself, once again, as an outlier in the Midwest for demonstrating that we are an anti-employer environment."

Illinois GOP legislators were the sole opponents to SJRCA 11 in May 2021, but had votes in favor as well. With a 49-7 vote in the Senate and 80-30-3 vote in the House, state Sen. Steve McClure, R-Springfield, was among the few Republicans to vote yes.

The party line in 2022 is opposed to the amendment going as far as calling the measure a "Trojan horse" since Republicans say the measure would have many hidden consequences.

“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. While we support workers and their right to organize, the Illinois Republican Party opposes the passage of Amendment 1,” said Illinois Republican Party Chairman Don Tracy in a statement.

Research regarding property from the Illinois Policy Institute, a conservative think tank, has also been cited by the Illinois Republicans for its reasons of opposition. IPI, who joined the Liberty Justice Center in the unsuccessful lawsuit, claims Illinois families will pay an increase of at least $2,100 in property tax bills over the next four years with passage of the amendment.

Mailee Smith, director of labor policy and staff attorney at IPI, said that figure was calculated based on prior years' property tax data. Still, Bowen questions the validity of that calculation, saying that the amendment has "nothing to do with taxes." Maisch said the numbers needed to be reviewed.

GOP governor debate and state Sen. Darren Bailey mentioned this property tax increase during the debate, adding that policies like these are causing people and businesses to leave the state.

"My message is this: Unions stay in your lane and everything will be fine," he said, a comment met with much commotion from the debate audience. "Leave mom and pop and private business alone."

What is required for the amendment to pass?

Per Article XIV, Section 2 of the state constitution, a three-fifths majority of those voting on the question or a simple majority of those voting in the election are needed for the amendment to pass.

The Illinois Allow for Graduated Income Tax Amendment, commonly known as the Illinois Fair Tax, failed in 2020 with 53% of the state going against.

Contact Patrick Keck: 312-549-9340, pkeck@gannett.com, twitter.com/@pkeckreporter

This article originally appeared on State Journal-Register: Amendment 1 Illinois: What to know about the Workers' Rights idea