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Posts Tagged ‘right to work laws’

SCOTUS Is on the Verge of Decimating Public-Sector Unions—But Workers Can Still Fight Back

Thursday, October 12th, 2017

On Thursday, the Supreme Court agreed to hear Janus vs. AFSCME, the case that will likely turn the entire public sector labor movement into a “right-to-work” zone. Like a lazy Hollywood remake, the case has all the big money behind it that last year’s Friedrichs v. CTA did, with none of the creativity.

In Friedrichs, the plaintiffs argued that interactions between public sector unions and government employers are inherently political. Therefore, the argument went, mandatory agency fees to reimburse the union for the expenses of representation and bargaining were forced political speech, violating employees’ purported First Amendment right to not pay dues.

The case ended in a 4-4 deadlock in March 2016, following the death of Justice Antonin Scalia, who had appeared poised to vote against the unions’ interests.

Much like Friedrichs, the Janus case has rocketed through the federal courts. The National Right to Work Foundation, which represents the plaintiffs, petitioned the Supreme Court to hear the case in early June. All briefs will likely be submitted by mid-January 2018, meaning SCOTUS could hold hearings almost exactly a year to the date that the Court last heard the same arguments.

The defendants may argue for procedural delays, which could potentially kick the decision into the following court term in 2018-2019. And it’s possible that in the meantime Justice Anthony Kennedy could die of a heart attack, or Sam Alito could forget to look both ways while crossing First St. and get run over by a bus. And the Democrats might take back the Senate next year, preventing the Trump administration from naming any more conservatives to the Court.

That’s the kind of magical thinking we’re left with, because the conservative majority on the Supreme Court is clearly determined to tilt the power of the country in favor of big business and against unions for at least a generation, and they care little about how just or fair their decisions appear to the public.

“Right to work” laws, currently on the books in 27 states, strip the requirement that union members pay union dues. Unions claim this creates a “free rider” problem, allowing workers to enjoy the benefits of union membership without contributing a dime. This deprives unions of crucial funding, but also—and this is no small consideration for the right-wing—every union family that drops their membership becomes one less door that union members can knock come election season.

Most national unions have been preparing for this eventuality since the first time the Roberts court took up the issue of public sector union fees in 2014’s Harris Vs. Quinncase. (If you’re keeping score, yes, the conservative justices on the Supreme Court have spent three years in a row trying to break the backs of unions).

Much of this preparation has focused on making sure that unions have a shop steward in every department and that every new hire is asked by a living breathing human being to actually join the union. But, as I wrote earlier this month, the bigger threat once workers have the right to evade union fees is the direct mail and phone-banking campaign that is already being run by Koch Brother-funded “think tanks” to encourage workers to drop their union membership and “give yourself a raise.”

As I wrote then, “The slick ‘give yourself a raise’ pamphlets will do the most damage in places where members think of the union as simply a headquarters building downtown. … But where members are involved in formulating demands and participating in protest actions, they find the true value and power of being in a union. That power—the power of an active and involved membership—is what the right-wing most fears, and is doing everything in its power to stop.”

There is a certain irony in conservatives applying the First Amendment to collective bargaining, a principle that conservative jurists have studiously avoided for two centuries. If every interaction that a union has with the government is a matter of speech, then we have a stronger argument for instituting a Bill of Rights for labor to protect workers and their right to demand fair treatment on the job.

Unions are already oppressively regulated. They are told by the National Labor Relations Board whom they can picket, when they may march and what they might say on a flyer. And they face steep fines if they disobey. Workers are forced to attend endless hours of anti-union presentations before a union election with no right to respond or boycott.

If every interaction the government has with a union is a matter of political speech—as a ruling in favor of Janus would imply—unions must respond by forcefully arguing that the rules of the system have been unfairly holding workers back, violating of our rights to free speech, due process and equal protection.

This blog was originally published at In These Times on October 18, 2017. Reprinted with permission.

About the Author: Shaun Richman is a former organizing director for the American Federation of Teachers. His Twitter handle is @Ess_Dog.

Republican Victory in Missouri Means “Right-to-Work” For Less

Monday, February 6th, 2017

Missouri’s House of Representatives passed a so-called “right-to-work” law this month, marking the end of a decades-long campaign for the adoption of the anti-union legislation in the state.

The measure had already been passed in Missouri’s Senate and newly-installed Gov. Eric Greitens has pledged to sign the law soon. Once he does, Missouri will become the 28th state to have such a law on the books.

The likelihood the law would be passed after years of lobbying by the Missouri Chamber of Commerce and Industry became clear on Election Day, when Greitens defeated a union-friendly Democratic Party candidate for governor. Greitens and his opponent had been vying to replace retiring Gov. Jay Nixon, an eight-year incumbent who had staunchly resisted the advance of right-to-work legislation during his two terms in the state capital.

The Kansas City Star reported a lopsided House vote on Thursday of 100-59 in favor of the legislation. The Senate had passed the same measure 21-12.

The new law follows the pattern of similar legislation passed recently in Kentucky and West Virginia. (A nationwide right-to-work law was also introduced in Congress last week.) It prohibits any requirement that a worker be a union member as a condition of employment, and prevents unions from collecting membership dues from the workers it represents unless the worker specifically authorizes the payment. The effect is to impair the ability of unions to maintain effective recruiting operations and financial management, labor advocates say.

Efforts by the Missouri AFL-CIO to prevent passage of the right-to-work law were a long shot ever since the results of 2016 election became known, says the labor federation’s president, Mike Louis.

“This has been a long fight. We lost the Senate in 2002 and then we lost the House in 2006. But Gov. Nixon always supported us,” he tells In These Times.

Louis adds that that the efforts of the Missouri Chamber of Commerce were given a major boost by wealthy Joplin, Missouri, businessman David Humphreys, who donated generously to promote right-to-work.

“These big corporate types like David Humphreys pay millions to buy these seats,” in the legislature, Louis says.

But Missouri unions are not accepting defeat, and have already developed a counter-campaign to neutralize the law, Louis continues. The AFL-CIO will lead an effort to collect enough signatures to place an initiative on the 2018 state ballot to reverse the right-to-work law, he says.

“Missouri law says we need 250,000 signatures to get our initiative on the ballot. We will absolutely be able to get this number, and I’m convinced we can win an election when the people of Missouri are presented with a plain choice,” Louis says.

In the meantime, individual unions will struggle to convince union members to maintain their membership. Philip Dine, a journalist and author who spent more than two decades as a reporter for the St. Louis Post-Dispatch, says the United Food and Commercial Workers Union (UFCW) and the International Brotherhood of Teamsters are the two unions that are likely to feel the most immediate impact of the new law.

“UFCW and Teamsters are pretty strong in the St. Louis area. But the grocery store workers in the UFCW are going to come under a lot of pressure. A lot of those jobs don’t pay all that well to start with, so it’s not going to be easy to convince workers that union dues are worth the money,” says Dine, author of the widely-acclaimed State of the Unions: How Labor Can Strengthen the Middle Class, Improve our Economy, and Regain Political Influence. Also coming under pressure to quit their unions will be aircraft production workers represented by the International Association of Machinists and assembly line workers represented by the United Auto Workers, Dine says.

“Sure, there will be a touch—absolutely. But I think it is going to be de minimis,” says David Cook, president of 10,000-member UFCW Local 655 in St. Louis. About 85 percent of the local membership is in the retail grocery sector, he says, so “we are going to have to do a better job of communicating union value to our members. This is something we have been doing already, but we’ll need to do more.”

UFCW will throw its full weight behind the AFL-CIO effort to amend the state constitution to protect workers’ union rights, Cook says.

“We’ve been fighting the right-to-work fight here [in Missouri] on an almost daily basis for the last five years. We are already geared up and I think Missouri is ahead of a lot of other states that have thought about an electoral initiative over right-to-work,” he says. “We’ve communicated with voters. We have a head start.”

“Mega-donors like David Humphries have figured out how to buy politicians. But when the issue of better wages and better worker safety are put directly to the voters, we’ll do well,” Cook predicts.

This blog originally appeared at Inthesetimes.com on February 6, 2017. Reprinted with permission.

Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.

New Pages to wrap up 2014!

Wednesday, December 31st, 2014

Paula Professional CroppedTo wrap up 2014 Workplace Fairness has added 105 new pages to keep you informed about the latest developments in employment law.

We now offer detailed information, by state, on the processes for filing a workers compensation claim, and for filing an unemployment claim. Find out how to file a claim in your state, what deadlines you might face, and what benefits you may be eligible for.

In our Discrimination section we’ve added a new page on genetic information discrimination, including the Genetic Information Nondiscrimination Act (“GINA”).  As technology progresses by leaps and bounds, new issues of privacy and discrimination can come up in the workplace.  This page answers questions that many workers may have about how accessible their genetic information is to employers.

In our Harassment section our new page on the effects of domestic violence in the workplace helps victims of domestic violence to understand how their situation at home may affect their work and what rights they have when they are treated negatively because of it.

Finally, in our Unions and Collective Action section we’ve added information about the 24 states that currently have right-to-work laws, and what that means for workers.  This page provides an explanation of what right-to-work laws are, and what they mean for workers in states that have instituted them.

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