Illinois Gov. Signs EO Banning Fair Share Fees

Benjamin Sachs

Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School and a leading expert in the field of labor law and labor relations. He is also faculty director of the Center for Labor and a Just Economy. Professor Sachs teaches courses in labor law, employment law, and law and social change, and his writing focuses on union organizing and unions in American politics. Prior to joining the Harvard faculty in 2008, Professor Sachs was the Joseph Goldstein Fellow at Yale Law School.  From 2002-2006, he served as Assistant General Counsel of the Service Employees International Union (SEIU) in Washington, D.C.  Professor Sachs graduated from Yale Law School in 1998, and served as a judicial law clerk to the Honorable Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit. His writing has appeared in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the New York Times and elsewhere.  Professor Sachs received the Yale Law School teaching award in 2007 and in 2013 received the Sacks-Freund Award for Teaching Excellence at Harvard Law School.  He can be reached at [email protected].

The Governor of Illinois, Bruce Rauner, today issued an Executive Order banning fair share fee agreements for public sector workers in the state.  Under the Order, all state agencies are “prohibited from enforcing . . . Fair Share Contract Provisions.” Much of the Order describes the Governor’s reading of Harris v. Quinn and his conclusion that fair share fees are now unconstitutional, amounting to compelled speech that violates the First Amendment.  The Governor is also pursuing judicial action to invalidate fair share fees, telling the Chicago Sun Times that he is “simultaneously filing what is known as a declaratory judgement action in the federal court asking ultimately that the (Illinois) Supreme Court declare that these fair share provisions are unconstitutional.”

The Executive Order is here.  Thanks to Paul Secunda for flagging this important development.

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