Can Courts Strike Down Right-to-Work?

From The American Prospect:

Last week, in a move that’s as likely to baffle union activists as it is to encourage them, a West Virginia judge struck down key portions of the state’s “right-to-work” law.

The Kenawha County judge’s ruling may amount to no more than a temporary hiccup in West Virginia Republicans’ war to destroy unions. But it’s another example of how hotly provisions of the 1947 federal Taft-Hartley Act are being contested in the courts as it becomes clearer that the anti-union impact of the law has contributed to an era of massive inequality that threatens our democracy.

West Virginia’s “right to work” law was rammed through on a party-line vote prior to 2016’s presidential election and the recent statewide teachers strikes. It had survived a Democratic gubernatorial veto and a previous injunction based in part on its ridiculously sloppy drafting. Last week, however, siding with a coalition of unions that included the building trades, Teamsters and Mineworkers, Judge Jennifer Bailey ruled the law  “unnecessarily and unconstitutionally imposes an excessive burden on Plaintiffs’ associational rights,” and that the goal of letting workers opt out of union membership “can be, and have been, fully accomplished without taking the additional steps of prohibiting agency fees, and giving free riders something for nothing.”

Anne Marie Lofaso, a professor of law at West Virginia University, describes Bailey’s ruling as “an extremely well-done decision that holds together and reflects some excellent lawyering for the union plaintiffs.”

In many respects, the West Virginia decision is a replay of a briefly encouraging moment in April of 2016 when a Dane County judge struck down Wisconsin’s recently enacted “right-to-work” law. That decision was predictably reversed by a Republican-dominated higher state court one year later.

Read the complete article here.

Missouri voters blocked the state’s ‘right-to-work’ law in perhaps the biggest electoral stunner of the night

From today’s Business Insider:

Missouri voters on Tuesday struck down a right-to-work law by a resounding margin, representing a huge victory to the organized labor movement and a decisive blow to the agenda of the state’s majority-Republican legislature.

In 2017, Missouri Republicans passed legislation to ban compulsory union fees for workers who choose not to join, which would’ve severely limited the influence of the organized labor movement.

Former Gov. Eric Greitens signed the bill into law, but union organizers started a petition to stall its implementation, ultimately gathering enough signatures for the law to be put on hold pending a statewide referendum.

In the end, on Proposition A, roughly 67% voted against the keeping the law, while 33% voted in favor of it.

Supporters of right-to-work laws say workers shouldn’t be forced to join unions and pay membership fees. But opponents contend these fees are necessary to protect worker’s rights, especially given that federal law requires unions to represent all employees — even those who opt out of joining unions.

The Supreme Court in June ruled unions could not require public-sector employees to pay such fees. Twenty-seven states have laws permitting workers in unionized settings to choose not to join and pay membership fees.

Read the complete article here.

MI workers resist “right-to-work” law

Michigan lawmakers began debate today on controversial “right to work” legislation that would forbid requiring workers to pay union dues. The legislation is expected to pass despite widespread protests in and around the state capital. If it passes MI will be  the 24th state with such laws that limit union participation as a condition of employment.

Two years ago Wisconsin Republican Governor Scott Walker proposed other controversial legislation limiting the bargaining power of public employee unions as a cost-cutting measure. The measure passed despite opposition from both unions and the public, but Walker was punished for it in a brutal recall election he barely survived. Similar legislation failed to pass in Ohio a year later as anti-union sentiment continues to thrive in a difficult economic climate.

So-called “right to work” legislation is anything but employment guarantees and workplace protections. In fact, by diluting the power of unions to maintain “closed shops” with employers, such legislation actually diminishes the individual and collective voice rights in labor contracts, making it easier for employers to pay weak wages, provide little benefits, and terminate employees on demand.

The recent movement to pass “right to work” laws has been backed by corporate and industry lobbying efforts in conjunction with the Republican Party and groups such as the National Right to Work Legal Defense Foundation. The wisdom of such legislation is questionable in the long run as the wages of American workers continue to decline and the cost of employment benefits are increasingly placed on the shoulders of employees. In the short term support for this misnamed legislation has received a boost from calls for austerity against big government. However, it isn’t big government spending that is to blame for the sluggish economic recovery, but declining revenues tied to a tax base that has significantly shrunk in the wake of the recession.

Once again it appears that workers with good paying jobs will pay the price of corporate and political corruption, and unfortunately many Americans are helping to destroy these jobs by backing right-wing policies against workers‘ rights.