Illinois is not a right-to-work state. It is a union state, and since November 2022 its constitution forbids any state or local law that would ban union security agreements. That means a private-sector worker covered by a union contract in Illinois can be required to pay union dues or fees as a condition of employment, while a public-sector worker cannot be charged anything without first agreeing to it.
What Right-to-Work Actually Decides
Federal labor law lets each state choose. Under 29 U.S.C. § 164(b), a state may prohibit contracts that require workers to join or financially support a union to keep their jobs.1Office of the Law Revision Counsel. 29 USC 164 – Right to Strike Preserved About 27 states have passed some version of a right-to-work law. Illinois has not.
In a state without such a law, a union and an employer can negotiate a “union security” clause. Everyone in the bargaining unit either joins the union or pays fees covering the cost of negotiating and administering the contract that covers them. Right-to-work laws strip that requirement out, letting workers receive the negotiated wages and protections without paying anything toward the union that secured them. Illinois has rejected that model.
The 2022 Workers’ Rights Amendment
Illinois went further than simply declining to pass a right-to-work statute. In November 2022, voters approved the Workers’ Rights Amendment, which added Section 25 to Article I of the state constitution. It declares that employees have a “fundamental right to organize and to bargain collectively,” and it explicitly forbids any law or ordinance that would ban agreements requiring union membership as a condition of employment.2Ballotpedia. Illinois Amendment 1, Right to Collective Bargaining Measure (2022)
That language does two things at once. It blocks the state legislature from passing a right-to-work law, and it also blocks Illinois municipalities from creating local right-to-work ordinances through their home-rule authority. Short of another constitutional amendment, Illinois is locked in as a union state.
Private-Sector Workers: Union Fees Can Be Required
Most private-sector workplaces in Illinois fall under the National Labor Relations Act. Section 7 of the NLRA guarantees the right to form or join a union, to bargain collectively, and to refrain from those activities, with one carve-out: a lawful union security agreement.3Office of the Law Revision Counsel. 29 USC 157 – Right of Employees as to Organization, Collective Bargaining, Etc
Under 29 U.S.C. § 158(a)(3), an employer and a union can agree that every employee in the bargaining unit must become a union member within 30 days of hiring or within 30 days of the agreement taking effect, whichever comes later.4Office of the Law Revision Counsel. 29 USC 158 – Unfair Labor Practices Courts have read “membership” narrowly. A worker can satisfy the requirement by paying dues and initiation fees without taking part in union activities, but the money is owed. Because Illinois has no right-to-work law and cannot pass one, these clauses are enforceable across the private sector in the state.
Public-Sector Workers: No Fees Without Consent
The rule flips for government employees. In 2018, the U.S. Supreme Court decided Janus v. AFSCME Council 31, a case brought by an Illinois state employee who objected to paying fees to a union he had not joined. The Court held that requiring a public-sector worker to pay any fees to a union they do not support violates the First Amendment. No dues, agency fees, or fair share fees may be deducted from a public employee’s paycheck unless the employee has affirmatively consented.5Justia Law. Janus v American Federation of State County and Municipal Employees Council 31
The Illinois Public Labor Relations Act (5 ILCS 315) still contains language authorizing fair share fees from non-members,6Justia Law. Illinois Compiled Statutes 5 ILCS 315 – Illinois Public Labor Relations Act but that provision is unenforceable after Janus. Public-sector unions in Illinois still bargain on behalf of everyone in the unit, and the resulting contracts cover everyone in the unit. The union simply cannot collect money from workers who choose not to pay.
The same rule reaches teachers and other school employees, who are covered by the Illinois Educational Labor Relations Act (115 ILCS 5) and count as public employees for this purpose.7Illinois General Assembly. Illinois Compiled Statutes 115 ILCS 5 – Illinois Educational Labor Relations Act No mandatory fees, and any deduction requires consent.
One boundary worth naming: Janus does not help private-sector workers. If you work for a private employer under a contract with a union security clause, that obligation still stands.
Where You Stand, by Sector
- Private-sector employees covered by a union contract with a security clause can be required to pay union dues or fees to keep their jobs, with at least a 30-day grace period after hiring before the requirement applies.4Office of the Law Revision Counsel. 29 USC 158 – Unfair Labor Practices
- State and local government employees cannot be required to pay any union fees. If money is coming out of your paycheck for dues or fees, you must have signed something authorizing it. You can revoke that authorization, though the timing and process depend on the terms of the card you signed.5Justia Law. Janus v American Federation of State County and Municipal Employees Council 31
- Teachers and school staff are treated as public employees. The same Janus protections apply.
Every worker in Illinois, in either sector, has the right to organize and to choose a bargaining representative. And no employer, public or private, can retaliate against you for exercising or declining to exercise that right.