right-to-work laws

  • May 5, 2015
    Guest Post

    by Bill Lurye, General Counsel, and Matt Stark Blumin, Associate General Counsel, at American Federation of State County and Municipal Employees (AFSCME)

    On February 9, less than a month into his first term as governor of Illinois, Bruce Rauner issued an executive order barring state employee unions from collecting fair share fees, thus unilaterally transforming Illinois into a right-to-work state for state employees.  He justified this extreme act by arguing that, in his opinion – though contrary to Supreme Court precedent dating to 1977 – such fees violate the First Amendment.  Rauner’s anti-union executive order is a blatantly illegal power grab, and unions have filed suit to overturn it.

    As is the case in many states, Illinois’ public sector labor relations statute expressly authorizes collective bargaining agreements allowing unions to collect fair share fees, and over 40,000 state employees are covered by collective bargaining agreements (CBAs) that include fair share fee provisions.  Yet, despite strong separation of powers language in the Illinois Constitution that prevents him from legislating, Governor Rauner has declared that he will not turn over any of the contractually owed fair share fees to unions, no matter what the duly enacted state labor law statute says.

    First, some background on fair share fees in Illinois.  Just like a private sector union under the National Labor Relations Act (NLRA), a public sector union under Illinois law is required to represent every employee in a unionized bargaining unit whether or not the employee is a member of the union.  This means that the unions have to do lots of costly work on behalf of nonmembers, like negotiating the CBA fairly on the nonmembers’ behalf and handling any grievances they have.  Fair share fees represent the cost to the union of providing those services to nonmembers, and nothing more.  (Members who pay full union dues additionally fund other work by the union, such as lobbying or political donations, that fair share fees don’t cover.)  As even Justice Scalia has recognized in his concurrence in Lehnert v. Ferris Faculty Association, fair share fees “allow the cost of . . . the union’s statutory duties to be fairly distributed; they compensate the union for benefits which ‘necessarily’ – that is, by law – accrue to the nonmembers.”

  • December 14, 2012

    by E. Sebastian Arduengo

    Michigan Governor Rick Snyder (R) despite a massive outcry of protestors at the state capitol in Lansing signed a so-called “right-to-work” bill into law. And just like in neighboring Indiana, right to work passed despite a massive outcry, and Michigan joined 23 other states that have passed such legislation in a seeming race to the bottom for the benefit of corporations that have made massive political donations to the Republican proponents of these bills.

    So what is “right to work,” and why are so many Republican officials making it a legislative priority? Put simply, right-to-work legislation prohibits agreements that require employees of a firm to maintain union membership as a condition of employment, allowing workers who choose to do so the right to “work through a strike.” The problem with this is that federal law requires unions to bargain for a contract that benefits all workers, regardless of whether they become members of the union. And, unions are founded on the premise of collective action, when individuals can take advantage of the benefits that unions win in contracts without having to pay their fair share in dues; it creates a massive free-rider problem that undermines the purposes, and ultimately the benefits that a union provides. For that reason, the AFL-CIO calls this kind of legislation a “right to work for less [pay/benefits]” law.

  • September 20, 2005
    Guest Post

    by Judy Scott, General Counsel of the Service Employees International Union.

    Television images of Katrina brought into our homes the stark reality of the poverty that exists in our country today, particularly in the south. Many of those hit hardest by the storm have been the working poor, who often work two or three part-time jobs at wages at or close to the federal minimum wage of $5.15 an hour with no benefits. Even many workers reconstructing the Gulf States are being asked to do the hard work of rebuilding without getting a paycheck that supports a family, affordable health care, or other benefits.

    Among the culprits responsible for this sorry state of affairs are the so-called "right-to-work" laws found in Louisiana, Mississippi and twenty other states. Deceitfully named, right-to-work laws have been passed by legislatures in mostly southern and plains states as part of a national conservative strategy to weaken workers' voices on the job and suppress wages.  

    More accurately called "right to work for less," these laws weaken workers' ability to win better wages, benefits and working conditions through a union.

    As America helps the Gulf States rebuild however, it is time to repeal these laws and begin to reward the hard work of families and help bring the American Dream back within reach for workers.