The Biden administration is committed to applying the freshest thinking of the 1930s to contemporary challenges, while congressional Democrats are keen on mandating that all 50 states adopt what is worst and most destructive in California practice. These two tendencies come together in the PRO Act.
The PRO Act, which already has been passed by the House, is being sold as a measure to make it easier for American workers to join labor unions. What it is, in fact, is a measure that would make it much harder for workers to stay out of unions when they want to, by overriding state right-to-work laws and adopting California’s so-called ABC test to treat certain independent contractors as employees.
The union bosses went to bat for Joe Biden in 2020, and this is their payoff. Joe Biden takes a rosy view of unions, and it probably is easy to be sentimental about blue-collar work when you have been in elected office since the early 1970s. Nobody named Biden has lifted anything heavier than money in decades.
Why would a worker want to avoid joining a union? Wouldn’t they prefer to have someone looking out for their interests? That might be the case — if American workers were naïve enough to believe that the Teamsters and the other unions are looking out for their interests, rather than looking out for the interests of, say, a union boss’s brother getting paid a $42-an-hour wage on a New York City construction site while operating a coffee concession. There are, as it turns out, a great many blue-collar workers not much interested in paying for the privilege of enriching politically connected labor leaders who do no real work.
Beyond the corruption and the desire to be free of union politics, other workers have practical, bottom-line reasons for wishing to remain free of union entanglements. For instance, owner-operators involved in long-haul trucking cut their own deals with their clients, working on their own terms rather than on terms set by a union boss. They can do that even where a union already is present. Under the PRO Act, some of these independent operators would risk being reclassified as employees — meaning reclassified out of business. That is because of the second prong of the ABC test insists that independent contractors must be engaged in incidental work rather than core business activities — owner-operators who do drive for trucking services (as opposed to contracting with a farm or a construction company) wouldn’t pass the test to qualify as independent contractors.
Right-to-work laws, which have been passed in the majority of states, do not restrict voluntary union activity. What they do is forbid unions from forcing workers who do not wish to belong to the union to pay dues anyway as a condition of employment — which is to say, they forbid a particularly nasty form of extortion. Anybody who is not a union official who demands a kickback out of workers’ wages as a condition of employment is considered to be engaged in racketeering. The PRO Act would (probably unconstitutionally) supersede laws duly enacted by the state legislatures, making such extortion a mandatory business practice from coast to coast.
In early February congressional Democrats launched an effort to allow unions to implant themselves once again into the lives of workers – whether they’re wanted there or not. The PRO ACT, which the U.S. House of Representatives will soon consider and which, ironically enough, stands for “Protecting the Right to Organize,” would let big labor once again establish a stranglehold over the American economy.
For decades, since President Jimmy Carter’s epic mismanagement of the U.S. economy, the percentage of workers in the private sector belonging to unions has plummeted. The increased cost of membership along with diminishing satisfaction with what unions were able to do to protect the jobs of their members has led more and more of them to seek alternative arrangements.
In some states, worker independence from big labor is made easier by the existence of laws prohibiting agreements between employers and labor unions concerning the extent to which an established union can require employees to be members or to pay union dues or fees as a condition of employment either before or after they’re hired.
This concept, known popularly as “right to work” has worked well since it was first introduced in the period just after the end of World War II. It’s now law in more than half the states and others are moving toward adopting it. If the PRO Act passes, right-to-work laws would be eliminated, meaning workers could be forced to join a union or pay fees equivalent to membership dues as a condition of getting or keeping their job.
To protect against this possibility, U.S. Sen. Rand Paul has introduced the National Right to Work Act to preserve the options right-to-work laws make available to workers in states that have them and extend to workers in states that do not. The key point, he says, is that workers, not the unions themselves, should make the relevant decisions regarding membership.
“The National Right to Work Act ensures all American workers have the ability to choose to refrain from joining or paying dues to a union as a condition for employment,” Sen. Paul said. There are 27 states with right-to-work laws on the books, the Kentucky Republican said, adding “It’s time for the federal government to follow their lead.”
More than eight in ten workers believe preserving worker choice in such matters is a preeminent concern, according to a Gallup Poll, with more than seven in ten saying they would vote for a ballot measure protecting right-to-work.
The survey data indicates workers already in unions would like to see their options expanded, likely to leverage efforts at reform. One survey conducted nearly a decade ago for the National Right to Work Legal Defense Fund found that 91 percent of private-sector union members believed there was too much secrecy in how their dues money was spent, 79 percent said union membership should be voluntary, and 63 percent said they would vote out their union leadership for spending dues money on political ads if it could be done by secret ballot to protect them from retribution.
The Paul legislation would repeal six existing statutory provisions allowing private-sector workers and airline and railroad employees to be fired if they don’t pay dues or administrative fees to a union, putting bargaining power back, the senator said, in the hands of America’s workers. A companion bill has been introduced in the U.S. House of Representatives by Joe Wilson, R-S.C.
By Bill McMorris • Washington Free Beacon
The unions behind a failed challenge to Kentucky’s right-to-work law are appealing a state judge’s ruling on its constitutionality.
Teamsters Local 89 and the state chapter of the AFL-CIO, America’s largest labor organization, filed an appeal Tuesday to the Kentucky Court of Appeals seeking to overturn Franklin Circuit Court judge Thomas Wingate’s dismissal of a suit challenging right to work. Wingate tossed the suit on Jan. 23 after determining the unions failed to demonstrate that the law, which prohibits union fees as a condition of employment, illegally deprives the union of its private property.
“The KRTW Act does not violate the equal protections afforded by the Kentucky Constitution, nor is it special legislation that was enacted,” the ruling says. “No genuine issue of Continue reading
“Higher wages or lower unemployment? It is a wrenching choice. . . . Think of the moral calculus. Lower wages cause an incremental decline in one’s well-being. No doubt. But for the unemployed, the decline is categorical, sometimes catastrophic — a loss not just of income but of independence and dignity.”
by Charles Krauthammer
For all the fury and fistfights outside the Lansing Capitol, what happened in Michigan this week was a simple accommodation to reality. The most famously unionized state, birthplace of the United Auto Workers, royalty of the American working class, became right-to-work.
It’s shocking, except that it was inevitable. Indiana went that way earlier this year. The entire Rust Belt will eventually follow because the heyday of the sovereign private-sector union is gone. Globalization has made splendid isolation impossible. Continue reading