March 5, 2017
My apologies for the multiple emails, but developments announced this afternoon made my earlier email today seem positively misleading.
AFSCME has won an important victory in court. Technically speaking, all the Illinois 4th District Appellate Court ruling did was delay implementation of the Labor Board’s ruling that the state and the union were at impasse. But in doing so the court had to determine whether the union’s appeal had “a reasonable likelihood of prevailing upon the merits,” and so the decision addressed the substance of the case. It offers a very forceful repudiation of the Labor Board’s finding that the sides were at impasse (a finding which had been supported by an administrative judge), while playing up the subsidiary finding that the Governor engaged in an unfair labor practice by failing to provide AFSCME with relevant information it requested. The full text of the ruling can be found here.