Rauner dealt blow on blocking union fair share fees - Chicago Tribune

By Monique Garcia, Kim Geiger and Rick Pearson Clout Street

Aides said the governor will order state agencies to withhold from unions the fees they are owed from workers who choose not to become a member. Rauner’s office called it an “operational solution” following a decision by Republican Comptroller Leslie Munger to not withhold “fair share” fees from the unions after Madigan advised her that doing so would be illegal.

The developments Friday came four days after Rauner issued an executive order to keep public employee unions from receiving the fees, which are required by state law and collective bargaining agreements between the unions and the state.

At the same time, Rauner went to federal court seeking a ruling ultimately aimed at having the U.S. Supreme Court declare payment of “fair share” fees unconstitutional and said the money should be kept in escrow pending a final legal determination.

It was the request for an escrow account that led the comptroller, who issues employee paychecks, to ask the attorney general for some legal advice. Under state law, an escrow account can only be created jointly by the state treasurer and comptroller, or by the courts. Madigan’s office noted that by state law, the comptroller must pay the unions money they are owed…

But the attorney general’s office said Friday that until there is a final legal determination by the courts, the state is required to collect the “fair share” fees and give them to the unions.

“Fair share fees remain constitutional,” said Natalie Bauer Luce, a Madigan spokeswoman.

Under Rauner’s work around, state agencies would deduct “fair share” dues from paycheck information provided to the comptroller. But agencies have no power to create escrow accounts and any money withheld would stay in agency budgets.

Still unanswered by Rauner’s move is the attorney general’s broader argument that it remains illegal for the Republican governor to put a stop on money unions are entitled to under state labor law and their employment contracts.

 

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