State Supreme Court issues back-pay ruling

In a ruling issued March 24, the Illinois Supreme Court reversed earlier circuit and appellate court decisions regarding back wages owed to state employees, ruling that the wages are not owed in the absence of a legislative appropriation.

The back pay issue arose in July 2011 when then-Governor Pat Quinn refused to pay wage increases that the union had previously agreed to temporarily defer in light of the state’s fiscal challenges at the time.

From that date to 2013, some 24,000 employees of five state agencies—the Illinois Department of Corrections, Department of Human Services, Department of Juvenile Justice, Department of Natural Resources and Department of Public Health—were not paid an average of $2,500 each that was required in their collective bargaining agreement.

"The ruling is very disappointing," AFSCME Council 31 Executive Director Roberta Lynch said. "This was a case about the principle that someone who works for a living—in this instance, to protect public health, ensure safe prisons or care for the disabled—should be paid what they are owed for the work they have done. It was also about the integrity of state government—that when it enters into a contract, it must live up to its terms."

AFSCME pressed for the back pay appropriation to be part of any funding bill considered by the General Assembly—and now a bill has been introduced that would accomplish that goal. SB 2046 HA#1, legislation to address an array of critical needs in our state today, includes funding for state employee back pay. The bill is in the Rules Committee and scheduled for a hearing, indicating that it is likely to move in this legislative session. 

"Some 24,000 public-service workers in state government are owed an average of $2,500 each dating back to 2011," said Lynch. "These are by far state government's oldest unpaid bills, owed to working families that face medical bills, school costs, rent or mortgage and car payments or other expenses.

"Our union will keep working to see that every employee is paid in full. We urge lawmakers of both parties, the Governor and the Comptroller to support an appropriation that pays workers what they are owed for work they performed nearly five years ago."