2/15/2017 William J. Puette, Ph.D. - UHWO CLEAR 1

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1 William J. Puette, Ph.D. - UHWO CLEAR 1

2 Hawai i Union Density Membership Representation US Ranking , % 125, % 2 nd , % 126, % 2 nd , % 131, % 3 rd , % 129, % 3 rd , % 124, % 3 rd , % 118, % 3 rd , % 120, % 3 rd , % 128, % 2 nd , % 143, % 2 nd , % 135, % 3 rd , % 146, % 1 st What is Right-to-Work? a) help create more jobs in the economy b) defend workers unfairly dismissed or disciplined c) outlaw contracts which require union membership d) require employers to hire more workers What is Right-to-Work? a) help create more jobs in the economy b) defend workers unfairly dismissed or disciplined c) outlaw contracts which require union membership d) require employers to hire more workers 2

3 Union Membership Bargaining Unit Union Member Union Representation Closed Shop: union membership is a precondition of hiring; Union Shop: employee must join union within a set period of time after hiring; Agency Shop: non-member must pay fee for union representation; Open Shop: non-member not required to pay any fee for union representation. What is Right-to-Work? In other words, in "Right-to-Work" states, workers cannot negotiate contract provisions that would require all employees covered under that contract to pay dues or service fee to the union for representation (referred to as a union or agency shop.) 3

4 As of today, 28 states have passed right-to-work laws: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming. New Hampshire looks to be headed in the same direction, and would be the first state in the Northeast to pass such a law. Unionization Rates (Year 2016) 25.2% New York 6.8% Idaho* 20.9% Hawai i 6.6% Oklahoma* 19.9% Alaska 6.4% Tennessee* 18.7% Washington 6.0% Utah* 18.4% Connecticut 6.0% Virginia* 17.5% California 5.5% Arizona* 16.9% Rhode Island 5.3% Texas* 16.6% New Jersey 5.0% Arkansas* 15.8% Oregon 4.9% Louisiana* 15.5% Michigan* 4.9% Georgia* 15.3% Illinois 4.1% North Carolina* 15.2% Minnesota 2.6% South Carolina* Unionization Rates (Year 2007) 25.2% New York 6.4% North Dakota* 23.8% Alaska 5.9% Florida* 23.4% Hawai i 5.8% Utah* 20.2% Washington 5.6% Louisiana* 19.5% Michigan 5.4% Arkansas* 19.2% New Jersey 5.3% Idaho* 16.7% California 5.3% Tennessee* 16.3% Minnesota 4.7% Texas* 15.6% Connecticut 4.4% Georgia* 15.4% Nevada* 4.1% South Carolina* 15.1% Pennsylvania 3.7% Virginia* 15.0% Rhode Island 3.0% North Carolina* 4

5 Unionization Rates (Year 2003) 25% New York 7% Georgia* 24% Hawai i 7% Louisiana* 22% Alaska 7% Virginia* 22% Michigan 6% Florida* 20% Washington 6% Texas* 20% New Jersey 5% South Dakota* 18% Illinois 5% Utah* 17% Minnesota 5% Arizona* 17% Rhode Island 5% Mississippi* 17% California 5% Arkansas* 17% Ohio 4% South Carolina* 16% Wisconsin 3% North Carolina* In 2003, only 22 states had right-to-work laws: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Kansas, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Indiana, Wisconsin Michigan, Missouri, Kentucky, West Virginia did not. 5

6 Judicial Attacks The Supreme Court, in Communications Workers of America v. Beck, 487 U.S. 735 (1988), held that 8(a)(3) of the NLRA does not permit a union to spend funds collected through a union security agreement for activities unrelated to collective bargaining, contract administration, or grievance adjustment. 6

7 Judicial Attacks Rebecca Friedrichs, et.al, petitioners v. California Teachers Association et al. U.S. (2016), (First Amendment challenge to mandatory union fees.) History of Right to Work Wagner Act passed in 1935 gives most American workers the right to unionize and requires employers to bargain with unions duly elected in designated bargaining units. Unionization rates in USA soar. 7

8 History of Right to Work The National Association of Manufacturers (NAM) and the Chamber of Commerce wage a 10-year campaign to reduce or repeal Wagner Act rights and benefits. History of Right to Work Republicans take control of Congress in 1946 elections. Taft-Hartley Act is passed in 1947 (over President Truman s veto) amending the National Labor Relations Act in major part. Taft-Hartley 14(b) Nothing in this Act shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by Sate or Territorial law. 8

9 What is Right-to-Work? In other words, in "Right-to-Work" states, workers cannot negotiate contract provisions that would require all employees covered under that contract to pay dues or service fee to the union for representation (referred to as a union or agency shop.) What is Right-to-Work? The National Right-to-Work Committee: -founded in 1955, lobbies Congress and States to pass RTW laws and conducts nation-wide education program. The National Right-to-Work Legal Defense Foundation: " -founded in 1968, to provide legal representation to employees in court battles with unions Legal Issues Duty of Fair Representation Bowen v. APWU decision Beck v. CWA decision Political Action & Paycheck Deception 9

10 Martin Luther King, Jr. In our glorious fight for civil rights, we must guard against being fooled by false slogans, such as right-to-work. It provides no rights and no work. Its purpose is to destroy labor unions and the freedom of collective bargaining, We demand this fraud be stopped. 10

11 Harry S Truman You will find some people saying that they are for the so-called "Right-to-Work" law, but they also believe in unions. This is absurd - it's like saying you are for motherhood but against children.. Dwight Eisenhower America wants no law licensing unionbusting, and neither do I. 11

12 Roger Ebert, film critic At dinner one night, a woman at the table referred to Arizona as a rightto-work state. Unwisely I replied: Yeah the right-to-work cheap. Roger Ebert, film critic She said I think you ll find the nonuninon workers are quite well paid. Exercising a supreme effort of will to avoid pronouncing the syllables, Wal-Mart, I replied, If so, that s because unions have helped raise salaries for everyone. 12

13 Roger Ebert, film critic She replied The unions steal their members dues. I replied How much money would you guess the unions have stolen compared to corporations like Enron? his review of The Corporation ( ) 13