From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Home health aides and care workers in Illinois who object to union representation failed to persuade a federal appeals court that the state violated the First Amendment by recognizing and bargaining with a Service Employees International Union affiliate ( Hill v. SEIU Healthcare Illinois , 2017 BL 74257, 7th Cir., No. 16-2327, 3/9/17 ).
The U.S. Court of Appeals for the Seventh Circuit March 9 affirmed a lower court ruling that because the care providers are not required to join SEIU Healthcare Illinois or to pay dues or fees to the union, the state’s bargaining relationship doesn’t violate the Constitution by compelling the workers to associate with a labor union.
Care workers are “free to form their own groups, oppose the SEIU, and present their complaints to the State,” Judge Joel M. Flaum said, writing for the appeals court.
Under Illinois law, approximately 85,000 individuals who provide home health care and child care services to low-income or at-risk families are paid by the state and classified as state employees for purposes of collective bargaining. The state certified SEIU Healthcare to represent the care providers after the union won their support in secret ballot elections.
In June 2014, the U.S. Supreme Court held that because the Illinois workers are not “full-fledged” public employees, they cannot be required to join the union or to pay dues or fees.
However, the Supreme Court victory did not end the controversy over union representation.
Rebecca Hill and other workers filed a lawsuit with the assistance of the National Right to Work Legal Defense Foundation and the Liberty Justice Center in Chicago. They alleged that even allowing SEIU Healthcare to serve as bargaining agent for care providers compels employees who don’t support the union to “associate” with the union against their wishes.
The employees said the bargaining relationship violated their constitutional freedom of association under the First Amendment.
The U.S. District Court for the Northern District of Illinois rejected the workers’ First Amendment argument, and the Seventh Circuit affirmed.
Flaum said the Illinois employees aren’t required to join the union or give it any financial support. The “exclusive-bargaining-representative scheme is constitutionally firm,” the appeals court said.
Judges William J. Bauer and James E. Shadid joined in the opinion.
William J. Messenger of the National Right to Work Legal Defense Fund in Springfield, Va., argued for Rebecca Hill. Assistant Attorney General Frank H. Bieszczat argued for the state. Scott Kronland of Altshuler Berzon LLP in San Francisco argued for SEIU Healthcare Illinois.
To contact the reporter on this story: Lawrence E. Dubé in Washington at email@example.com
Text of the opinion is available at http://www.bloomberglaw.com/public/document/Hill_v_Service_Employees_No_162327_2017_BL_74257_7th_Cir_Mar_09_2/1.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)