Understanding "Right to Work"
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What does "right to work" really mean? It means that unions and management cannot negotiate a union security clause in their collective bargaining agreement. What is a union security clause? It is a clause that says that a worker covered by the agreement must at least pay a fee for the services they receive from the union. What is the history of right to work? Under the National Labor Relations Act (NLRA) of 1935 an employer and the union that represents their employees are allowed to negotiate a union security clause into their collective bargaining contract. In 1947 the Taft-Hartley Act provided a loophole that allowed states to forbid negotiation of union security clauses. Iowa and twenty-one other states passed such laws. The Taft-Hartley Act also banned the "closed shop," making it illegal throughout the country to force anyone to join a union before getting a job. The United States Supreme Court has ruled that a union must represent all employees in a bargaining unit whether or not they are members of the union. A failure to do so constitutes a breach of the union’s duty of fair representation and subjects the union to suits for breach of duty and substantial potential liability for damages. Thus, in a right to work state non-members are required by law to get all the benefits of union representation, but pay none of the costs. What happens if Iowa repeals "right to work?" Workplaces that are not unionized (over 85% of all workers) would not be affected. Iowa employers and unions could negotiate union security clauses. Just like other items discussed at the bargaining table, the union security clause would become part of the give and take of negotiations. If the members ratify (by a majority vote) a contract that does not contain the union security clause, even in a free bargaining state, non-members would not have to join the union or pay for union representation in that workplace. If the employer and the union (by a majority vote of the members) agree to a contract that includes a union security clause, employees would be required to at least pay a fee for the services they receive. If workers object to dues money being used for non-collective bargaining activity, they may request and receive a rebate for that portion of their dues or fee that goes for non-collective bargaining purposes. If they have religious objections to paying dues or joining unions, they may make contributions to charities instead. What’s the real purpose of "right to work?" The "right to work" provision was never meant to make sure a person could keep a job. It was designed to weaken and destroy unions and the principle of collective bargaining. It represents a state-sanctioned policy of union suppression. Passed as political payback when labor’s enemies took over the Congress in 1947, it was described by one supporter as recognizing and dealing "with the dangerous expansion of unionism…" Supporters claim that "right to work" is good for the state’s economic development and that we should tout it as an attraction to business. In fact, "right to work" is the opposite of cooperative economic policy. Draining unions financially so they won’t have the resources they need to protect their members hurts the state’s economy. Data from the U.S. Department of Labor shows that annual pay for workers in "right to work" states ranks consistently below the national average. Iowa ranks 38th in the country. Sound economic development and job creation strategies should be based on such things as public investment in infrastructure and education that will attract stable businesses that pay decent wages and treat their workforce with dignity and fairness. The July 19, 2000 issue of City View had this to say about "right-to-work":
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