Executive Order 2 (2019)

Executive Order Number 02-19


 

EXECUTIVE ORDER 2019-02

EXECUTIVE ORDER STRENGTHENING WORKING FAMILIES

WHEREAS, the economy of Illinois is powered by hardworking families in every comer of the state; and

WHEREAS,  the laws and policies that impact working families should reflect their importance to our State and create sustainable economic opportunity for the middle class and those striving to get to the middle class; and

WHEREAS,  labor unions are vital partners in Illinois' efforts to build a strong middle class; and

WHEREAS,  Illinois should enforce the laws and policies that protect, support and strengthen working families; and

WHEREAS,  in addition to strengthening working families, the State of Illinois has a compelling interest in awarding public works contracts in a manner that ensures the highest standards of quality and efficiency at the lowest responsible cost; and

WHEREAS,   a project labor agreement, a pre-hire collective bargaining agreement covering all terms and conditions of employment on a specific project, can ensure that public works projects proceed with the highest standards of quality and efficiency at the lowest responsible cost; and

WHEREAS,  the State of Illinois has a compelling interest in having a highly skilled workforce employed on public works projects to ensure lower costs over the lifetime of the completed project for construction, repairs and maintenance; and

WHEREAS,  project labor agreements provide the State with an assurance that public works projects will be completed with highly skilled workers; and

WHEREAS,  project labor agreements provide for peaceful, orderly and mutually binding procedures for resolving labor issues without labor disruption, which historically has resulted in significant lost time on construction projects; and

WHEREAS,  project labor agreements allow public agencies to predict more accurately the actual cost of the public works project; and

WHEREAS,  the use of project labor agreements can be of specific benefit to complex construction projects; and

WHEREAS,  equity in the workplace is vital to ensuring every Illinoisan can work with dignity for fair wages; and

WHEREAS,  in many instances over the last four years, Illinois government has failed working families and actively pursued policies to undermine the protections for working families' and the rights of workers; and

WHEREAS,  Illinois government must address these failures and take action to ensure that all offices, departments, agencies, boards, commissions and authorities of the Executive Branch are striving to strengthen the rights of and opportunities for workers;

THEREFORE,  I, JB Pritzker, Governor of Illinois, by virtue of the executive authority vested in me by Article V of the Constitution of the State of Illinois, hereby order as follows:

     I. Definitions

As used in this Executive Order, "State Agency" means any office, department, agency, board, commission or authority of the Executive Branch of the State of Illinois under the jurisdiction of the Governor.

     II. Project Labor Agreements

All State Agencies shall immediately take action to comply with the Project Labor Agreements Act, 30 ILCS 571/1 et seq.

     III. Review of Wage Cases by the Illinois Department of Labor

The Illinois Department of Labor ("Department") shall, within 60 days of the effective date of this Executive Order, review all pending cases under the wage laws, including the Wage Payment and Collection Act, the Minimum Wage Law, and the Day and Temporary Labor Services Act.

For cases under the Wage Payment and Collection Act, the Department shall (a) refer egregious and repeated violations directly to the Office of the Illinois Attorney General for civil prosecution, and (b) take action to ensure that all other cases are proceeding quickly to binding administrative hearings and, then, are referred to the Office of the Illinois Attorney General for enforcement of the administrative decision.

For cases under all other wage laws, the Department shall review and assess all pending cases and take action to (a) when possible, resolve them, or (b) when not possible to resolve them, refer them as quickly as possible to the Office of the Illinois Attorney General for civil prosecution.

     IV. Increase Workplace Equity in State Government

The Department of Central Management Services and the Department of Human Rights shall review the State's pay plan to eliminate bias generated by asking employees for salary history, which often disadvantages women, with women of color experiencing the most inequity.

     V. Savings Clause

Nothing in this Executive Order shall be construed to contravene any federal or State law or regulation. Nothing in this Executive Order shall affect or alter the existing statutory powers of any State Agency or be construed as a reassignment or reorganization of any State Agency.

     VI. Prior Executive Orders

This Executive Order supersedes any contrary provision of any other prior Executive Order.

     VII. Severability Clause

If any part of this Executive Order is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The provisions of this Executive Order are severable.

     VIII. Effective Date

This Executive Order shall take effect immediately upon its filing with the Secretary of State.

_____________________________

JB Pritzker, Governor

Issued by Governor: January 15, 2019
Filed with Secretary of State: January 15, 2019