AFSCME 31 Education
Established in 1951, the American Federation of State, County and Municipal Employees Council 31, more commonly known as AFSCME 31, is a labor union representing public workers in Illinois. AFSCME 31 was created to provide a collective voice and negotiation power for workers in various governmental agencies, associations, and bureaucracies. Its mission is to advocate for fair wages, safe working conditions, and a supportive work environment for the public employees in Illinois .
Over the years, AFSCME 31 has been involved in a number of high profile contract negotiations, including hundreds of contracts for local and state government agencies that directly affect the lives and well-being of tens of thousands of public employees and their families. The contract between the union and the government plays a major role in the financial security and future opportunities afforded to thousands of employees who will contribute significantly to the financial stability and growth of Illinois long into the future.
A Guide to the AFSCME 31 Contract
The AFSCME 31 Contract is a unique contractual arrangement that applies to certain state employees who previously had no real chance to vote for, elect, or reject a union. The "31" in "AFSCME 31" refers to the decision number, Illinois Educational Labor Relations Board 93 Ill. Per. Serv. 1313, that set forth the terms and conditions of employment for certain employees who, prior to the 2014 amendment of the Illinois Act, were represented by AFSCME but not by any other union. In AFSCME 31, the Labor Board held that:
"[A]ll employees presently represented by AFSCME with the exception of those who (i) are elected officials or those appointed to fill an elective position; (ii) work in department heads, assistant or deputy department heads, division directors, bureau chiefs, section heads, supervisor, manager, confidential secretary, confidential assistants to elected officials or department heads, management personnel or those exercising managerial authority, other than as described in Section 3(c)(1). 80 ILRB 106; (iii) are temporary, provisional, provisional promoted or probationary employees; and (iv) were not previously represented by the Union, but are now appropriately included in the bargaining unit, shall be represented by the Union."
The contract term running from May 1, 2016 through April 30, 2019 does not at this time appear to have been published. It has come to our attention that the contract has been updated to cover various cross-agency and intra-agency issues. Specifically, changes allow (i) leave for jury service – eliminating the one day paid leave, and (ii) leave for personal reasons – allowing one day paid leave for personal reasons.
Main Provisions of the AFSCME 31 Contract
The most crucial part of any union contract is the language giving rights and benefits to union members. Commonly called a collective bargaining agreement (CBA), this document spells out the rights — and obligations — of both members and the union itself. To understand you legal rights, it’s invaluable to have a clear picture of the terms contained in the CBA.
The AFSCME 31 contract, like other CBAs, addresses wages, benefits, working conditions and job security. Wages are subject to periodic adjustment to align with changes in the cost of living as determined by the Consumer Price Index (CPI).
Health plans outlined in the AFSCME 31 contract includes medical, vision and dental plans. The plans take effect the first of the month after the employee has been on the job for three months. All premiums and co-pays for medical plans are shared between the employee and the employer. Vision and dental plans are paid wholly by the employer.
The AFSCME 31 contract guarantees employees a 37-1/2 hour work week, with overtime pay calculated for time away from work due to hours on furlough, Family Medical Leave Act (FMLA) leave, sick leave, vacation leave and time spent on duty. Some employees are subject to stand-by pay rules, which guarantees overtime pay for work outside of scheduled shifts. Stand-by pay is within the sole discretion of the employer.
Employee seniority is the basis for promotion and lay-off/transfer procedures. To ensure service based solely on seniority, some provisions of the seniority obligations are in conflict with the state’s nepotism statutes.
The Impact of the Contract on Public Workers
The provisions of the AFSCME 31 contract are not limited to AFSCME members. All public employees are affected by the contract. For example, public employees retain their right to refuse all union solicitations and leafleting to private homes. All public employees retain their right to refuse the solicitation of money by AFSCME council 31 without fear of reprisal. Any solicitations for money or anything else should be reported to the [insert appropriate watchdog email/phone number]. Public employees shall have the right, free of coercion or intimidation, to keep or terminate any form of contact with the union.
The contract gives public employees the right to join any labor organization (or to refrain from joining a labor organization). The contract also provides public employees the right to seek damages against any union official for violations of the contract. The only requirement is that public employees must file a written complaint with a designated person, [insert person’s name] at [insert address], within 30 days of the violation.
Negotiation Process
The negotiation process for the AFSCME 31 contract involves a review of past practices as well as exchanges between AFSCME representatives and government entities. The main parties here are the employees and the Chicago Park District. However, the First Amendment has been implicated in arguments from both sides.
Negotiations over the AFSCME 31 contract take place periodically and can be contentious. Union representatives argue for their rights to negotiate for fellow employees while the government entities argue that they have no obligation to negotiate at all. The government argues that the First Amendment allows for a lawfully neutral stance between bargaining practices of unions and the government’s right not to negotiate.
In Janus, the Court had acknowledged that the "government entities" here essentially take the neutral party stance when it comes to the bargaining process. The Court also stated: "for many years now, various States have compelled public-sector employees to pay fees to unions in order to cover the costs of collective-bargaining-related services , even when those employees do not share the unions’ political views." (Janus)
Forcing employees to pay union fees if they do not want to be represented by the union is unconstitutional. Withdrawing from the union should not – by law – require any kind of negotiation with the union. No extra fees should be tacked on to an employee "separating" if that union is AFSCME, or any other union for that matter, however, employers have argued that these fees are relevant to negotiations, which AFSCME statements assert, is not permitted by the First Amendment.
Any negotiations between the AFSCME 31 and other union representatives and the government cannot include a discussion of "fair share" fees. Instead, negotiations may simply provide for objections from non-members as it pertains to union representation.
As the Court stated: "The State shall honor the written objections of objecting employees and shall deduct only their reduced monthly fee." (Janus)
Impact on Government Employees
The AFSCME 31 contract has significant implications for the public sector as a whole. In particular, it provides a roadmap for how contracted unionized government workers can exercise their rights under the Janus decision. Because these workers understand that they have a right to refrain from funding a union that engages in lobbying in policies they disagree with, they can use their choices at work to push back against policy decisions made by their local government.
The AFSCME 31 contract also has economic implications. For example, an arbitration panel decided that the cost of educating SEIU healthcare workers would be borne by contract-overridden taxpayers rather than the hospital. The American Hospital Association estimates that a similar arbitration decision for those who work at the Illinois State University Medical Center would have cost $373 per University of Illinois student—impacting public higher education budgets throughout the state when such tuition increases were already being proposed.
The contract has other economic implications. The Chicago city budget became strained when the city was pressured into paying hospital taxes which would then be redirected to pay for union subsidies. Additionally, increased expenditures from the city budget mean less money for public safety. Police and fire departments may feel the pressure to do more with less while unions continue to receive bonuses and perquisites totally 85 million dollars.
The AFSCME 31 contract ultimately imposes risks that are not only economic. The contract sidelines voters. Chicago residents didn’t vote for this generous contract. Rather, the local government gave in to union demands for union subsidies at the expense of taxpayers. When elected officials refuse to listen to their constituents, it is the very fabric of representative democracy that frays.
The Future of AFSCME 31
As it currently stands, the AFSCME 31 contract is good until April 2027. However, changes to the board and executive administrative elections could alter aspects of the contract. Additionally, current and future contract negotiations may seek to update terms of the agreement. Some members feel the union is likely to seek higher dues after successfully arguing in Chicago Teachers Union v. Quinn that the Illinois law requiring union shops is not constitutional. If the Supreme Court affirms the Seventh Circuit, anything could happen with AFSCME 31 dues, as well as those of other unions. Alternatively, if the Supreme Court strikes down the nonmember fee provision, AFSCME 31 will likely seek to renegotiate its agreement over the course of the next few years, perhaps lowering its fees in an effort to attract the fees of the nonmembers who have currently subsidized the union machinery for years.
Conclusion: How the AFSCME 31 Contract Addresses Labor Rights
Regardless of your political views, one thing is certain: AFSCME 31 and the case that inspired its passage are far from over. The AFSCME Contract shall remain in place for a period of several years, meaning that public employees are still protected under its provisions. Unions and state employees across the country are voyaging into new territory, which means that whilst litigation continues, they will be living under the terms of the AFSCME contract and its alternatives .
But the AFSCME 31 contract is more than merely representative of a new era in labor rights; it is an acknowledgment that the fight for fair labor practices is far from over. AFSCME 31 and Janus v. AFSCME are not the final word on the matter — they are only the beginning.