That Union Thing

Right-to-Work...for Less??

What are Right-to Work Laws?

These laws prohibit union security clauses in union contracts. These security clauses come in one of three forms:

  • Closed Shop: only union members can be hired for the job

  • Union Shop: employees must join the union when they are hired

  • Maintenance of Membership: union members must remain members for the duration of the contract

How did they come about?

These laws were made possible by a clause in the 1947 Taft-Hartley law that banned closed shops and allowed states to pass more restrictive legislation; a number of states had already passed such legislation prior to this date. Florida was the first, with a constitutional amendment passed in 1944.

How and why were they passed?

In Florida’s case, it was a 3-year process to finally have the legislation approved. The first version sought to protect the rights of employers to hire whomever they chose by stating "The rights of citizens to work shall not be denied or abridged on account of membership in any organization." It failed to muster the required 3/5 majority support.

In 1943 it was brought up again, but amended to read "...membership or nonmembership in any labor union or labor organization" over objections such as ministers no longer being required to be a follower of the faith of the church that hires them. There were heated arguments on both sides, and the legislation became the cornerstone of Tom Watson’s re-election campaign for Attorney General. It passed in 1944 partly on the popularity of the phrase "right-to-work" and partly on the promise that it would strengthen the labor movement and eliminate racketeering in unions (none of which the law was able to accomplish). It faced (and was upheld in) a number of court cases, including one by unions claiming that it discriminated against union members (the courts ruled that the law only protects individual rights, not the rights of organizations).

What is wrong with Right-to-Work?

Despite it’s common name, it does not guarantee people a right to a job. It does force unions to represent employees who are not dues-paying members, thus making it more difficult for them to balance the power of employers. In the long run, it hurts all workers because it discourages union membership (Florida has a 50% lower union density than the national average), and it has been shown that wages are 18% lower in right-to-work states (and union workers in general earn 28% higher income than their nonunion counterparts).


AFSCME BASKS IN FLORIDA SUN-By a 2-1 margin, 1,051 city employees of Hialeah, Fla., voted for AFSCME Council 79 May 31 and June 1. Clerical, parks, water and wastewater and solid waste workers, as well as civilian employees of the Hialeah fire and police departments, are included in the unit.

RIDING THE BLUE (UNION) VAN—104 drivers of the blue SuperShuttle airport vans in Miami recently chose SEIU Local 74 for a voice on the job.

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