Illinois became the fourth state in the country to protect collective bargaining in its constitution. As the New York State Public Employees' Fair Employment Act declares, public employees have the right to form or join a labor union or refrain from doing so.You have the right to organize a union to negotiate with your employer over your terms and conditions of employment. Not all states have "right to work" laws. Learn what these laws mean, how they impact unions, and whether your state has a 'right to work' law at FindLaw. As of April 2019, Illinois is not a righttowork state. Once a union has been certified or recognized, the employer is required to bargain over your terms and conditions of employment with your union representative. Form a union: You have the right to join with coworkers to address conditions at work, in union and non-union workplaces. With a recent spate of laws expanding workplace rights in New York City and New York State, union and plaintiffside lawyers have acquired powerful new tools. If an employee's tips combined with the wages from the employer do not equal the minimum wage, the employer must make up the difference.