DAILY LABOR REPORT, June 4, 2003
ILLINOIS LEGISLATORS RAISE MINIMUM WAGE, EXPAND BARGAINING AND EMPLOYMENT RIGHTS

AUTHOR: By Michael Bologna

TEXT:
CHICAGO -- After a long dry spell, advocates for workers' rights won some important victories during the Illinois General Assembly's spring legislative session.

With Democrats controlling the Illinois House, Senate, and the governor's mansion for the first time in more than two decades, legislation pushed by organized labor and employee rights groups gained support from the General Assembly and is now headed for a sympathetic review from Gov. Rod Blagojevich (D). The legislature concluded its session June 1. Among other things, legislators approved measures raising the minimum wage, expanding employment-based civil rights protections, and enhancing organizing rights.

"It's just a complete turnaround for us," said Beth Spencer, a spokeswoman for the Illinois AFL-CIO. "We are finally getting some things we've been working on for years. You can see there is a whole new spirit about government. All our hard work during the elections last year has really paid off."

Spencer said the AFL-CIO is optimistic Blagojevich will endorse most, if not all, of the labor and employment-oriented bills passed by the legislature. Blagojevich won the gubernatorial election last fall with strong support from organized labor and campaigned on themes ranging from increasing the minimum wage to providing female workers with equal pay protections.

Spencer said a key victory came with the passage of Senate Bill 600, which raises the minimum wage in Illinois beyond the federal minimum wage of $ 5.15 per hour. Under the bill, the minimum wage will be increased to $ 5.50 per hour on Jan. 1, 2004, and then to $ 6.50 per hour on Jan. 1, 2005. The measure won support in the House on May 31 by a vote of 71 to 45. The Senate approved the bill later that day by a vote of 33 to 23.

The Center for Urban Economic Development at the University of Illinois-Chicago recently did an analysis indicating that 450,000 Illinois workers would receive a raise if the minimum wage were boosted to $ 6.50. The study contends another 350,000 workers, currently earning between $ 6.50 and $ 7.50 per hour, would receive a modest pay raise when the minimum wage is increased.

While labor groups applauded the legislature's action, the final version of S.B. 600 is less potent than the version originally crafted. Initially, Senate supporters hoped to raise the base wage for workers to $ 6.50 on Jan. 1, 2004. More importantly, the original version would have forced the Illinois Department of Labor to adjust the minimum wage annually based on an analysis linked to the consumer price index.

Labor Pleased About O'Hare Expansion Plans.

Dennis Gannon, president of the Chicago Federation of Labor, said the biggest victory, in terms of labor's long-term strength in Illinois, was a bill paving the way for an $ 8 billion expansion of O'Hare International Airport. H.B. 721 removes the legal uncertainty associated with the O'Hare plan and directs the City of Chicago to begin the expansion effort. Gannon said the bill guarantees the creation of 195,000 jobs when the full expansion plan is completed.

"Labor realizes that it has to walk a fine line in Illinois," Gannon said. "To remain strong and give workers' meaningful opportunities we have to be supportive of job creation and economic development."

Gannon said that female workers were big winners on several fronts during the legislative session. He noted that Blagojevich has already signed the Illinois Equal Pay Act of 2003, which prohibits employers from creating pay disparities on the basis of gender. The legislation stipulates, however, that wage differentials between men and women are valid when the differentials are based on seniority, merit, or other reasonable factors other than gender. The legislation also prohibits retaliatory discharge and other discriminatory behavior based on a worker's use of the act.

Wendy Pollack, a senior attorney for the National Center on Poverty Law, said another victory for female workers is House Bill 3486, creating the Victims' Economic Security and Safety Act. The legislation guarantees up to 12 weeks of unpaid leave to workers who become victims of sexual or domestic violence. Such leave is also guaranteed to workers who have a family or household member victimized by such violence. The bill permits victims of discrimination or retaliation under the act to seek relief through the Illinois Department of Labor.

"Unfortunately there are still employers that are not sensitive to the problems of sexual and domestic violence against their employees," Pollack said. "We've heard of situations where a rape victim is fired for not showing up to work. This is not good for the individual and it is not good public policy."

Immunity Waiver, Other Actions.

Steven Platt, president of the National Employment Lawyers Association/Illinois, said the biggest victory for his members is H.B. 469, which amends the State Lawsuit Immunity Act. The legislation waives Illinois' 11th Amendment immunity to federal anti-discrimination laws. In this regard, the bill restores state employees' rights to seek protection under the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act, and the Fair Labor Standards Act.

Other significant legislative achievements during the Illinois General Assembly's spring session include:

-- H.B. 3396, which permits public employees to form unions based on card-check recognition. Specifically, the bill allows public employees subject to the jurisdiction of either the Illinois Labor Relations Board or the Illinois Educational Labor Relations Board to form a union when majority interest is demonstrated through signed authorization cards.

-- S.B. 679, which amends the Illinois Human Rights Act to recognize a civil rights violation for employers adopting or implementing so-called "English-only" work rules. The bill, however, permits employers to create limited language restrictions when there is a viable "business necessity" and employees are properly notified of the factors affecting the restrictions.

-- H.B. 102, which creates the Illinois Prohibition of Goods from Forced Labor Act. The legislation provides that state contracts for the procurement of equipment and materials must specify that any foreign-made goods were not produced by forced, convict, or indentured labor. Contractors violating these terms would be subject to suspension and monetary penalties.

-- S.B. 90, which amends the Employment of Strikebreakers Act and the Day and Temporary Services Act. The bill prevents employers from contracting with day and temporary labor service firms to replace workers during a strike or a lockout. In addition, the bill bars labor service agencies from sending workers to job sites where a strike, lockout or other labor problem exists. Previously state law required labor services agencies only to tell their workers about the existence of a labor dispute.

-- S.B. 1872 creates the Illinois Whistleblower Act, which would bar employers from creating rules or policies preventing employees from disclosing violations of law to state or federal law enforcement agencies. It also bars employers from retaliating against employees engaged in legitimate whistle blowing activities. Violations would be classified as a Class A misdemeanor. The legislation also provides employees with a right of action when their employers violate the act.

-- S.B. 374 directs the state to establish a "family-friendly workplace initiative." Under the initiative, the state would collect data about Illinois firms providing their employees with family-friendly benefits and then distribute annual awards to firms demonstrating leadership on such issues.