Welch Asks Court to Dismiss Suit from Staff to Form Union
House Democrat staffer Brady Burden (center) and House Speaker Chris Welch testify in support of a bill to allow staff to form a union last November. (Photo: Capitol News Illinois)
NOTE: This story was originally posted for subscribers only. To receive subscriber-only newsletters and content, click here.
Attorneys for House Speaker Chris Welch are asking a judge to dismiss a suit from a group of staffers aiming to form a union, continuing an ongoing war of words between the second term speaker and his staff.
A group of House Democratic staffers announced their intention to form a union last year, and House Democrats passed legislation allowing unionization last fall. But the bill was never called in the Senate, leading the Illinois Legislative Staff Association (ILSA) to file suit earlier this month.
In a filing in Cook County Circuit Court this week, attorneys Michael Kasper and Michael Del Galdo, two to Democrat attorneys in the state, asked a Cook County Judge to dismiss the complaint.
They argue Speaker Welch is immune from being sued for interactions with his staff under the state’s “legislative immunity” clause.
The employees sued in relation to the new Workers’ Rights Amendment, which Welch supported, but Welch’s attorneys argue the amendment doesn’t apply.
“Plaintiffs cites no authority affording them a private right of action to bring suit for these alleged violations,” they wrote. “And for good reason: Illinois does not have an equivalent mechanism to bring an action under the Illinois Constitution. The text of the Illinois Constitution makes no mention of a private right to bring this kind of action. There is simply no right, express or implied, to bring a private cause of action for violations of the Illinois Constitution alleged here.”
Brady Burden, the House staffer leading the unionization effort, issued a statement Tuesday critical of Welch.
"These legal gymnastics are embarrassing,” Burden said. “Speaker Welch is saying that he is both above the law and shackled by it. The Illinois Constitution unequivocally guarantees us the right to bargain collectively, and we remain confident the courts will ultimately side with us. At the end of the day, Speaker Welch is only continuing to demonstrate his utter lack of shame."
Some Democrats have speculated that Welch’s efforts to appear pro-union and take union campaign dollars while quashing a union organization attempt by his own staff could make his relationship with organized labor “more complicated.”
Attorneys also argue the issue belongs with the Illinois Labor Relations Board, which initially dismissed the employee group’s efforts and was never appealed with ILRB.
