Governor asks Labor Relations Board to determine if AFSCME impasse exists
on Monday, January 18, 2016
The determination of an impasse, if it is reached, will be legally significant because it will move relations between the State and AFSCME to a different level from where these relations are right now. Currently, based on mutual pledges by both sides, both the State and its largest union have agreed to continue their relations in the absence of a contract, and AFSCME state employees continue to show up for work and be paid.
Under the terms of the signed tolling agreement, the Labor Relations Board must now determine whether the State and AFSCME are at an impasse. During this time, the parties must adhere to all statutory obligations regarding good faith negotiations while the Labor Relations Board is deciding the case. Quoting from the tolling agreement, this specifically means there can be no “strike, work stoppage, work slowdown or lockout” until the Board has determined that the parties are at an impasse. According to the Rauner Administration, it is hard to predict how long the Board would take to rule. It may be months before a final decision is rendered.