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2017 U. Ill. L. Rev. Online 1 (2017)

handle is hein.journals/uilro2017 and id is 1 raw text is: STATE CONSTITUTIONAL GIFT CLAUSE CHALLENGES TO RELEASE TIME PROVISIONS OF COLLECTIVE BARGAINING AGREEMENTS STEVE BIESZCZAT* Now more than ever public workers face the threat or reality of having their collective bargaining rights unilaterally stripped by radi- cally anti-union state governments. Rights of public workers are un- der attack not only in state legislatures, but in state courts, as well. One such creative litigation tactic in the ongoing special-interest- funded crusade against public unions is the challenging of release time provisions of collective bargaining agreements under the gift clauses of state constitutions. These plaintiffs argue that because re- lease time provisions allow public workers to be paid for time spent representing other workers, they amount to unconstitutional gifts for which the public receives no consideration. While this innovative argument has not yet resulted in widespread successes, its legal bases are worth examining. This commentary analyzes the validity of re- lease time provisions under state constitutional gift clauses, with a particular eye to the possible outcome of such a challenge under the Illinois Constitution. I. INTRODUCTION One recent litigation tactic in the ongoing special-interest-funded crusade against public sector unions is to challenge, state by state, the constitutionality of release time provisions of collective bargaining agreements under state constitutional law theories. A release time provision of a collective bargaining agreement (CBA) allows employ- ees to be paid for work performed on behalf of their co-workers in their official union representative capacity. A release time provision allots a * J.D. Candidate 2017, University of Illinois College of Law. He is a City of Chicago native, Illini sports fan, and advocate for workers' rights. He will be joining the National Labor Relations Board's Office of the General Counsel as a federal honors attorney in the Fall of 2017. 1. See Lori Higgins, Bill Targets District-Paid Union Release Time, DET. FREE PRESS (June 16, 2015, 12:10 AM), http://www.freep.com/story/news/ocal/michigan/201 5/06/1 6/teachers-union- legislation-release-time/71272470/. 1

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