Illinois General Assembly - Full Text of SJR0055
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Full Text of SJR0055  102nd General Assembly

SJ0055 102ND GENERAL ASSEMBLY


  

 


 
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1
SENATE JOINT RESOLUTION

 
2    WHEREAS, The 102nd General Assembly of the State of
3Illinois has submitted Senate Joint Resolution Constitutional
4Amendment 11, a proposition to amend the Illinois
5Constitution, to the voters of Illinois at the November 2022
6general election; and
 
7    WHEREAS, The Illinois Constitutional Amendment Act
8requires the General Assembly to prepare a brief explanation
9of the proposed amendment, a brief argument in favor of the
10amendment, a brief argument against the amendment, and the
11form in which the amendment will appear on the ballot, and also
12requires the information to be published and distributed to
13the electorate; therefore, be it
 
14    RESOLVED, BY THE SENATE OF THE ONE HUNDRED SECOND GENERAL
15ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
16REPRESENTATIVES CONCURRING HEREIN, that the proposed form of
17new Section 25 of Article I shall be published as follows:
 
18
"ARTICLE I
19
BILL OF RIGHTS

 
20SECTION 25. WORKERS' RIGHTS
21    (a) Employees shall have the fundamental right to organize

 

 

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1and to bargain collectively through representatives of their
2own choosing for the purpose of negotiating wages, hours, and
3working conditions, and to protect their economic welfare and
4safety at work. No law shall be passed that interferes with,
5negates, or diminishes the right of employees to organize and
6bargain collectively over their wages, hours, and other terms
7and conditions of employment and work place safety, including
8any law or ordinance that prohibits the execution or
9application of agreements between employers and labor
10organizations that represent employees requiring membership in
11an organization as a condition of employment.
12    (b) The provisions of this Section are controlling over
13those of Section 6 of Article VII."; and be it further
 
14    RESOLVED, That a brief explanation of the proposed
15amendment, a brief argument in favor of the amendment, a brief
16argument against the amendment, and the form in which the
17amendment will appear on the ballot shall be published and
18distributed as follows:

 

 

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1
PROPOSED AMENDMENT
2
TO ADD SECTION 25 TO ARTICLE I
3
OF THE ILLINOIS CONSTITUTION

 
 
 
4
That will be submitted to the voters
5
November 8, 2022

 
 
 
6
This pamphlet includes

 
7
EXPLANATION OF THE PROPOSED AMENDMENT
8
ARGUMENTS IN FAVOR OF THE AMENDMENT
9
ARGUMENTS AGAINST THE AMENDMENT
10
FORM OF BALLOT

 

 

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1To the Electors of the State of Illinois:
 
2The Illinois Constitution establishes a structure of
3government and laws for the State of Illinois. There are three
4ways to initiate change to the Illinois Constitution: (1) a
5constitutional convention may propose changes to any part; (2)
6the General Assembly may propose changes to any part; or (3) a
7petition initiative may propose amendments limited to
8structural and procedural subjects contained in the
9Legislative Article. The people of Illinois must approve any
10changes to the Illinois Constitution before they become
11effective. The purpose of this document is to inform you of
12proposed changes to the Illinois Constitution and to provide
13you with a brief explanation and a summary of the arguments in
14favor of and in opposition to the proposed amendment.
 
15
EXPLANATION

 
16The proposed amendment, which takes effect upon approval by
17the voters, adds Section 25 to the Bill of Rights Article of
18the Illinois Constitution. The new section will guarantee
19workers the fundamental right to organize and to bargain
20collectively and to negotiate safety conditions, wages, hours,
21working conditions, and economic welfare. The amendment
22prohibits the passage of any new law within the State that
23restricts or prohibits workers from engaging in collective

 

 

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1bargaining with their employer over wages, hours, and other
2terms and conditions of employment, like safety protocols or
3training.
 
4
Arguments In Favor of the Proposed Amendment

 
5    This amendment will protect workers' and others' safety.
6That includes guaranteeing nurses' right to put patient care
7ahead of profit and making sure construction workers can speak
8up when there's a safety issue. It will protect workers from
9being silenced when they call attention to food safety
10threats, shoddy construction, and other problems that could
11harm Illinoisans. This amendment protects firefighters and
12EMTs who put their lives on the line to protect Illinoisans. It
13means they get the training and safety equipment they need to
14do their jobs, and can speak out when they see a problem
15without fear of retaliation. This amendment will help our
16economy by putting more money in workers' pockets who join
17together and get raises. That will mean more money going into
18our communities and small businesses as people join the middle
19class with good-paying jobs.
 
20
Arguments Against the Proposed Amendment

 
21    A fundamental right provided to all citizens under the
22First Amendment of the United States Constitution is the right

 

 

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1to free speech and freedom of association. This amendment
2prohibits any law or ordinance that allows union workers to
3choose whether they wish to be a member of the union or not.
4Under the 2018 United States Supreme Court decision Janus v.
5Illinois AFSCME, non-union government workers cannot be
6required to pay union dues as a condition of working in the
7public sector. Approval of this constitutional amendment will
8deny that protection to private sector workers. The amendment
9also states that lawmakers could never "interfere with,
10negate, or diminish" certain rights. These terms are broad and
11undefined and leave lawmakers without the ability to clarify
12through legislation. Our Illinois Constitution provides such
13protection to public employees. The result of that protection
14has been to squash efforts by state lawmakers and voters to
15address Illinois' pension fund deficits.
 
16
FORM OF BALLOT

 
17
Proposed Amendment to the 1970 Illinois Constitution
18
Explanation of Amendment

 
19The proposed amendment would add a new section to the Bill of
20Rights Article of the Illinois Constitution that would
21guarantee workers the fundamental right to organize and to
22bargain collectively and to negotiate wages, hours, and
23working conditions, and to promote their economic welfare and

 

 

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1safety at work. The new amendment would also prohibit from
2being passed any new law that interferes with, negates, or
3diminishes the right of employees to organize and bargain
4collectively over their wages, hours, and other terms and
5conditions of employment and workplace safety. At the general
6election to be held on November 8, 2022, you will be called
7upon to decide whether the proposed amendment should become
8part of the Illinois Constitution.
 
9-------------------------------------------------------------
10       YES        For the proposed addition -
11----------       of Section 25 to Article I
12       NO         of the Illinois Constitution.
13-------------------------------------------------------------