What's Wrong with the "Right to Work?"

What's the big deal about so-called "Right to Work" laws?

If you've been following along with the blog, you've probably noticed we're spending a lot of time and energy on the recent spate of Right to Work legislation making its way through various statehouses and capitols. If you'd spent any time around our office, you'd realize we spend even more time talking about these bills.

So why do we care so much? What's the big deal?

It's not just because UnionTrack is a union shop and that some of our members are represented by Operating Engineers Local 324 in Michigan, the 24th state to pass enact Right to Work, though that matters.

It's not because we see the not-so-invisible hand of the American Legislative Exchange Council (ALEC), the Koch-funded think tank that churns out cookie-cutter, anti-worker legislation in an effort to maximize corporate profits as the force behind Right to Work, though that matters.

(It's not a coincidence that so many states are taking this up now!)

We care because so-called Right to Work laws are part of a deliberate attempt to weaken unions, and with them, the hard-fought protections that workers all over America enjoy.

First off, we should clarify what right to work actually means. Despite the name, it has nothing to do with a job seeker's ability to find employment. There is no "right" to a job, and no guarantee of work. What right to work means is that, in a union shop, the union is required to represent both members and non-members equally, but that the non-members cannot be required to pay for that representation.

It is already the case - established in Federal law - that an employee cannot be compelled to join a union.

It is already the case - established in Federal law - that an employee cannot be compelled to participate in union political funds or activities.

And it is already the case that the unions represent members and non-members who make up the collective bargaining unit.

In non-Right to Work states, unions charge non-members and dues objectors an "agency fee." Essentially, non-members pay a small fee to make the union their "agent" in contract negotiations and grievance disputes. The union, in turn, negotiates the best possible employment contract for all employees. The union also ensures all employees are treated fairly, that the terms of the Collective Bargaining Agreement (CBA) are adhered to properly, and that employees have access to appropriate representation in disputes with their employers.

In right to work states, it's no longer required for non-members to pay the agency fee, but unions are still required to represent those members, and to negotiate on their behalf, in essence creating a free rider problem for the union.

The goal is to starve unions of the resources they use to effectively represent their members. Choke off the oxygen (the money necessary to lead negotiations, etc.), and hope the unions suffocate and die.

And that's when the real problems start.

Without unions, who will be the voice of the worker?

Without unions, who will fight for better workplace protections, or ensure that existing protections remain in place?

Without unions, who will hold employers accountable to the contracts they sign?

The answer should be obvious. Nobody will.

In right to work states, wages are lower. Not just for union members, for everybody. Unions advocate for all working families, and the better wages at union shops creates competition amongst employers who want to hire the best people.

In right to work states, there are more fatal workplace injuries.
Union training, and union shop rules ensure the most qualified workers and safest workplaces possible.

The list goes on.

It's cheaper to use poorly trained workers, to pay them a subsistence wage (or to avoid paying them at all), and to eliminate the regulations that keep employees safe. It's cynical, but you can squeeze a few more dollars into the annual report that way. All that stands in the way is a union looking to unify, organize, train and advocate for workers.

That's why right to work matters. That's why it's a big deal. That's why we spend so much time talking about it.

We consider ourselves partners with unions - whether our customers or not - in the larger labor movement. After all, we're union members ourselves; we see the risk that right to work poses, not just to our customers, not just to ourselves, but to all workers everywhere.

We're going to stay on top of this. We're going to beat the drum to make sure everybody knows where the next fight will be. We know Right to Work isn't going away, that its proponents are well funded and determined. Their greatest hope is that nobody will notice what they're trying to do... but we won't let that happen.

In Solidarity,

Ken

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