Right-to-Work—Not Right, Especially Not for Workers

how_about_my_rights
Sure, right-to-work has nothing to do with the actual right to work and depresses wages for union and non-union workers, but let’s keep misleading people and extolling its virtues. (Photo Credit: Darron Cummings/AP)

I consider my father to be an intelligent individual. Before recently retiring, he worked for several decades as an accountant, and toward the end of his gainful employment, he also served as a human resources director of sorts, absorbing most of the functions that a full-time, HR-exclusive professional would for a small business. He is quick-witted, has a good sense of humor, and continually tries to improve himself by challenging himself physically and mentally. With respect to politics, however, I feel his judgment lately is somewhat suspect, especially as it errs on the side of the conservative. My parents are both lifelong Democrats, and at one point, Dad even joked that he would vote for an ax murderer if he were a Democrat rather than a Republican. (My father does not deny outright that he said this, but he does not admit it either, and legitimately or not, claims not to remember this statement.)

With this personal political history in mind, it caused the rest of the family great concern earlier in the 2016 presidential campaign when Dad said he was considering voting for Donald Trump. For someone on the Republican ticket, Trump’s legacy as a conservative was notably lacking, so the idea that the family patriarch would be considering a vote for a GOP candidate was not immediately so alarming. His apparent support for Trump, a grade-A asshole, meanwhile, was. Mom, an avowed believer in Hillary Clinton, if for no other reason than wanting to see a woman become President, belabored the point whenever the election or politics came up. Dad responded by saying that he liked Trump because he was straightforward and “not a politician.” On this note, I agreed that politicians and politics as usual had justifiably driven resistance to “establishment” or “mainstream” figures within both parties, and thereby had helped fuel the billionaire’s appeal. But electing Donald Trump as President of the United States, I argued, was like, because you didn’t enjoy Alice Walker’s The Color Purple, burning down the whole library in protest. Even as a symbolic gesture, a vote for Trump was a vote for hate and a vote against reason and, you know, actually being qualified for one’s intended office.

Eventually, my father began to sour on Donald Trump, not so much because of his intended policies—or lack thereof—but mostly with respect to his denigration of women. As good as any reason not to cast a vote for the man, as far as I was concerned. To wit, I don’t know who Dad voted for this past November. All I know is that since the election and in the months since, every time a discussion of a remotely political nature has threatened to rear its head in our house, he has sought to put the kibosh on it, plaintively asking, “Do we have to talk about politics?” Accordingly, it is pretty rare that my father makes any political commentary unsolicited. (His social commentary is more regular, though no less disturbing, particularly as it concerns anti-feminist attitudes or criticisms of appeals to diversity and political correctness.)

One area where Dad has been notably vocal, though, and a point on which I patently disagree with him, is the subject of unions and other professional organizations. Whether it is because of his experience in the human resources realm or in spite of it, or even related to my mother’s dealings with union representation (Mom is a registered nurse), I can’t say for sure, but suffice it to say, Pops believes unions are “ruining this country.” Harsh words, but Dad is certainly not alone in his antipathy to these organizations. In 2013, Al Lewis, now-business editor of The Houston Chronicle and then-Dow Jones Newswires reporter, Wall Street Journal columnist, and writer for MarketWatch, explored America’s distaste for unions alongside their apparent acceptance or tacit compliance of many with standard operating procedure for corporations and the executives who manage them. Lewis describes the psychology of anti-union sentiment:

Unions…could counter many of the economic injustices that plague America. Unfortunately, unions have lost their power to do so. Union membership in the private sector is down to 6.6 percent of all workers, [a] Bureau of Labor Statistics report showed. In the public sector, 35.9 percent of all employees remain unionized.

This is why, as Americans, we often view unions as a cause of higher taxes. We also are still wondering where the mob buried former Teamster boss Jimmy Hoffa. We sense a more subtle form of institutional corruption in the unions’ alignment with mostly Democratic politicians. We detest the extra layer of bureaucracy unions add to any workplace. And we suspect that it can kill business.

The pension liabilities some companies have amassed in past union negotiations simply blow our minds. And we are uncomfortable with the idea of monkeys running a zoo instead of zookeepers. So by now, most Americans have decided they don’t want to be in a union, even if the decline of unions correlates to the decline of the middle class.

The perception of union leaders as not merely working with political leaders, but for them or in cahoots with them, certainly would seem to work against acceptance of the abstract concept of unions in the United States, as does the image of the union leader earning a comparatively exorbitant salary next to the members of the organization he or she represents, or unions lobbying for their pensions even with many states and municipalities in a state of financial turmoil. More than mere politics or even morality, however, Al Lewis speaks to implicitly-held theories of leadership and who or what types of individuals are capable of leading groups of workers. “We are uncomfortable with the idea of monkeys running a zoo instead of zookeepers.”

Right there, we have a sense of the larger and more pervasive attitude toward those at the top of the hierarchy and those forming the base of the pyramid. Those at the top are presumed to have superior management and leadership skills, not to mention acumen in their given field. Those at the bottom are presumed to be deficient in such skills, drones born to follow rather than lead. Especially as it concerns trade professionals, there exists a stereotype of the blue-collar worker as fat, lazy, stupid, or all three. You know the idea—the plumber crouched over his work, his rear-end barely concealed by his briefs and sagging jeans. There is undoubtedly a perception gap when it comes to these two groups, a phenomenon further expounded upon by Lewis to conclude his piece:

Americans hate organized labor, but somehow they do not hate organized management. As the labor unions have declined, professional corporate managers have formed increasingly powerful guilds of their own. They belong to elite groups, such as the Business Roundtable or the Trilateral Commission, to name a couple. Many are even having a little cabal in Davos, Switzerland this week. What? You thought that was about improving the world? This is how they end up on each other’s boards, approving each others’ compensation packages.

In this subtle way, CEOs have built the most successful union in all of history. You ask a company why it pays its CEO so much, and the answer is always because it is what all the other CEOs get paid. All the other CEOs who sit on each others’ boards, that is.

It is the greatest spin job in all of economics and politics. When someone making $943 a week tries to organize, and fend for their own economic interests, Americans have been conditioned to call it socialism. But when someone making several hundred thousand dollars a week does it, they call it free enterprise.

The many, in other words, look up to the few, and as part of this aspirational model, look down upon their present station, or simply down upon those who they believe exist at a lower echelon than them. In the context of unions, when workers organize and try to buck the paradigm of the survival of the fittest paradigm, we have been conditioned to view it as a violation and an aberration rather than the way things should work. As Mr. Lewis intimates, somehow we have been led to associate the activities of professional organizations with greed and excess, or even asking for something undeserved, when executive compensation packages continue to reach obscene levels, even in the face of scandal. Simply put, the American people, by and large, seem to have it backwards when it comes to how they regard the balance of power in our society.


Republican Governors Snyder and Walker attend National Governors Assoc Winter Meetings in Washington
Scott Walker, Rick Snyder, and Chris Christie have all taken hard-line positions against union workers. They also all happen to be shitty governors. Coincidence? (Photo Credits: Reuters/Brian Frank/Mike Theiler/Mike Blake)

So, yes, likewise simply put, public support for unions has been on the decline, as has participation from workers in those professions who might stand to become or remain members. As of the date of publication of Al Lewis’s article, union membership was down to 11.3% of all workers, a level the author notes is the lowest the United States of America has seen since the Great Depression. Rarely are comparisons to the Great Depression ever a good thing for trends involving employment and labor. This historical perspective alongside current negative feelings about organized labor forms the backdrop for the much-politicized battle over the responsibilities and rights of workers in relation to unions, often correlating with party affiliation. Journalist and academic Thomas Edsall, in an op-ed appearing in The New York Times back in 2014, phrased this succinctly with the very title of his essay, “Republicans Sure Love to Hate Unions.” Edsall elaborates on the depth of the GOP’s war on unions as fueled by stronger conservatives within its ranks:

Republicans are willing to go to great lengths to weaken the union movement, especially at the state level. Even as the strength of organized labor as a whole declines, conservatives view unions that represent public sector employees, in particular, as anathema. They are desperate to gut the power of the 7.2 million organized government workers — who range from teachers, to clerks in the Department of Motor Vehicles, to social workers, public hospital employees, meat and poultry inspectors, road workers, property tax auditors and civil servants in general. These are the employees who populate the extensive bureaucracies that the right loathes.

Those familiar with the evolution of the Republican Party over the past few decades should not see this reality as much of a surprise. The GOP has become unflinchingly pro-business in its adoption of fiscally and socially conservative positions, to a fault and to the extent that they have sought to undermine regulations on corporations, other businesses, and whole industries (e.g. banking and finance) because they view them as bad for business. Unions, seen as a constraint of a different sort and emblematic of the type of bureaucracy conservatives always claim to want to bypass, are therefore a prime target for Republican lawmakers and state leaders. Three Republican governors in particular are cited for their anti-labor hostility and posturing in Edsall’s op-ed. The first is Scott Walker, Wisconsin governor and early 2016 presidential race dropout. The second is Rick Snyder, Michigan governor, who we now know was a key player in the lead-filled dumpster fire that is Flint’s water crisis. The last is my personal favorite, New Jersey governor Chris Christie, whose administration engineered Bridgegate and who has gone after the teachers’ union with fetishistic fury. Many people, myself included, would characterize actions taken by all three during their tenures, especially those leading to the crisis in Flint, as reprehensible. Does this necessarily mean that their positions on unions are therefore wrong? Well, no. But let me tell you—it doesn’t inspire a great deal of confidence either.

Again, the Republican resistance to union participation shouldn’t come as much of a surprise. The Democrats’ failure to meet this war on organized labor in kind, however, is vaguely disappointing, though perhaps not altogether surprising either, if you understand the schism within the Democratic Party between its establishment wing replete with big-money donors, and its progressive wing predicated on grassroots funding and organizing, as well as advocacy for a $15 minimum wage, among other things. Thomas Edsall puts the nature of the Democrats’ weak defense of unions in blunt terms: “If Republicans and conservatives place a top priority on eviscerating labor unions, what is the Democratic Party doing to protect this core constituency? Not much.” In saying as much, Edsall points to the Obama administration’s undermining “of the bargaining power of the most successful unions by imposing a 40% excise tax, which takes effect in 2018, on health insurance premiums in excess of $10,200 annually for individuals, and $27,500 for families, in order to finance Obamacare.” These so-called “Cadillac plans,” Edsall continues, intended as a luxury tax of sorts, are seen by labor leaders as threats to health insurance benefits that various unions have had to fight for with executive management of companies. As one labor leader quoted within the piece opines, non-union and union workers alike will be hurt by these plans, with non-union workers in particular at risk of having their benefits slashed and their deductibles skyrocket. To put this in different terms, and as far as labor groups are concerned, with “friends” like the 40% tax, who needs enemies?

It should be stressed that this Thomas Edsall piece was published in 2014, before the rise of Donald Trump. Even then, the Democratic Party was being lectured by Edsall and others to “neglect the union movement at their own peril.” Accordingly, Edsall’s closing paragraphs seem duly ominous, if not presaging the disaster of a Trump presidency outright:

Even when the party had full control of both houses of Congress and the White House in 2009, Democrats gave a less than halfhearted effort to pass labor’s top priority: legislation that would make elections for union representation easier. Democratic strategists looking toward the future are focused on “the rising American electorate” — single women, minorities and the young, with no reference to labor.

At the same time, many voters in the Republican electorate are themselves middle and low income. In 2014, 67 percent of those who cast Republican ballots earned less than $100,000 in household income; 30.4 percent made less than $50,000. Republicans face their own problems remaining competitive in presidential elections, which will only worsen if they do not strengthen their support among these less affluent voters.

But even with labor unions no longer the force they were — and in fact in part because of their decline — the pressure will fall on both parties to more effectively represent the interests and rights of economically struggling voters, who at some point will refuse to tolerate their eroding income and lack of opportunity.

Translation: people are going to get pissed, and will vote accordingly. In acknowledging this effect, I, in the same breath, acknowledge that there was—as crazy as might seem at first glance—a slice of the American electorate that went from casting their ballots for Barack Obama in 2012 to turning out for Trump in 2016. Their numbers are not insignificant, but as Sean McElwee argues, focusing on this relatively small subset of 2016 election voters obscures the real trend that should be garnering Democrats’ attention, particularly those more entrenched members of the establishment. Where Donald Trump and his campaign succeeded, and where Hillary Clinton, her campaign, and Democrats including Obama have failed to manage, is mobilizing those who should be among their base to the polls. McElwee attributes a large part of this failure of the Dems to their reluctance to make voting rights a priority for various groups, a problem exacerbated by Republicans’ efforts to nullify any inherent advantages with these blocs. He explains:

When Republicans take power, their first priorities are voter suppression and right-to-work, their second is to destroy the capacity of government to aid working families and their third is to turn the government into a patronage machine for wealthy whites. Democrats have failed to understand that in order to win, they must do the opposite. Voting rights must be a priority, and policies should strengthen the ability of working people to organize and mobilize.

“Working people.” Sean McElwee highlights them above any other segment of the Democratic Party’s core supporters, at least traditionally speaking, and references to their “organizing” clearly invokes the importance of unions. From there, or perhaps even concurrently, Democratic leadership must invite workers and sympathetic activist/progressive groups to the table. As McElwee sees the matter, this is the only path forward for a successful Democratic Party, or to quote him directly, “Party elites will have to cede some power to make this happen.” If recent party history is any indication for the Democrats, this is easier said than done.


steve_mc_king
If this man is introducing a piece of legislation, let alone supporting it, chances are it’s a terrible idea. (Photo Credit: Steve King)

In terms of the first priorities of the GOP underscored by McElwee in his piece and quoted above, the voter suppression angle probably isn’t that hard to understand. Numerous articles have been written about the “real” voting scandal of 2016: not the closeness of the vote in certain swing states begging a recount, not even the possible hacking of voting machines and other Russian interference in the presidential election, but voter suppression at the hands of Republicans determined to try to widen their advantage over Democrats at the polls, including by limiting opportunities of people of color to vote and creating unnecessary hurdles for them to cast their ballots. (Together with gerrymandering, these are issues of considerable importance that do not get nearly the attention they should.) Right-to-work, meanwhile, is a concept that is likely unfamiliar to the average voter, especially one from a state that does not have such a law on the books. The term “right-to-work” sounds pretty benign in it of itself. Should people have a right to work? Sure, why not? Let’s rubber stamp the bill along and call it a day, shall we?

Not so fast. It would be bad enough if “right-to-work” was a form of euphemistic language—you know, in the way “civil asset forfeiture” is another way of saying “the police gets to take your shit if you’re at all implicated in a crime and without proof of wrongdoing or even being charged.” But it’s more than that—it’s a complete misnomer. Right-to-work has nothing to go with the right to work. The University of Missouri–Kansas City recently featured a profile on right-to-work legislation in the University News, UMKC’s independent student newspaper. First, the editorial defines the term and gives context to the political debate surrounding it:

Right to work legislation prohibits unions from requiring that dues or fees be paid by all employees that it represents. This usually has the effect of weakening labor organization, as unions will have less financial power to fight for higher wages or benefits such as health care. Additionally, so-called “free riders” can take advantage of the workplace protections and benefits without contributing to the unions that acquire them. Conversely, proponents say that job growth increases because businesses prefer to operate in states with right to work laws.

Data can usually be spun by either side to support or reject the claims of the other. There is no firm consensus by economists or statisticians on the effects of right to work, as it cannot be easily isolated from other factors such as variable standards of living or the economic recovery following the recession. In general it increases job growth and in general it decreases wages, all usually in tandem with other pro-business and anti-labor policies. This is a subject where hard, unbiased data is scarce and so the debate devolves into opposing ideological and political arguments. Therefore, right to work legislation probably makes less impact as an economic policy than it does as a political call-to-arms.

This University News profile, whether to be merely diplomatic about the matter, or because it legitimately wants to be cautious because of the purported lack of “hard, unbiased data” on right-to-work legislation, describes its economic impact with an air of neutrality. Still, certain elements of this synopsis scream out to the liberal and progressive reading it and suggest a negative connotation. “Has the effect of weakening labor organization.” “‘Free riders’ can take advantage…without contributing.” “Decreases wages.” “Anti-labor.” Sure, job growth may occur, but seemingly chiefly because companies prefer to operate in climates that are favorable to business and let them take advantage of workers in their own right; job number increases, after all, would mean little when the quality of the positions being added is suspect. However you slice it, that businesses would lobby and Republican politicians would craft policy in favor of right-to-work doesn’t appear to be an accident, especially not in light of the aforementioned war on unions perpetrated by the Republican Party.

This same profile, on the other hand, invokes visions of “danger” as well as cites some guy named Martin Luther King, Jr. in capturing the antipathy held by labor leaders and others toward right-to-work policy. The danger, as the UMKC student staff behind the article have identified, is “in inciting political will to elect those with an interest in supporting big business,” and that it “also attracts those businesses’ donations.” As for MLK, he was downright foreboding about the concept in the abstract. As quoted within the feature:

In our glorious fight for civil rights, we must guard against being fooled by false slogans, such as “right to work.” It is a law to rob us of our civil rights and job rights.

Leave it to a man assassinated, presumably for his views on matters of not only racial inequality, but income and wealth inequality, to put things in perspective and give the matter its due weight. Even then, King and others saw the importance of protecting labor from the machinations of big business and the politicians who aid and abet corporate attempts to shrink union representation. Sure, they may not have been statisticians with “hard, unbiased data” at their disposal—but perhaps they didn’t need to crunch numbers to see the writing on the wall.

For those who have crunched the numbers, meanwhile, the evidence for why right-to-work legislation is problematic for rank-and-file workers regardless of political or union affiliation is that much more compelling. In 2011, Elise Gould and Heidi Shierholz authored a report for the Economic Policy Institute on the “compensation penalty” of right-to-work laws, finding that wages, the rate of employer-sponsored health insurance, and employer-sponsored pensions were all significantly lower in states that had these laws on the books. Sure, this is just one study, and the EPI does lean more to the left, but the comprehensiveness of the report alone suggests Gould and Shierholz might be on to something.

The historical implications of right-to-work legislation only magnify its problematic nature. Michael Pierce, associate professor at the University of Arkansas, directly ties right-to-work to the South’s prejudicial past (and sometimes present) and deliberate attempts to disenfranchise Jews and people of color. From his January 2017 essay:

As Kentucky legislators pass a measure outlawing the union shop and Missouri’s General Assembly contemplates doing the same, it is worth remembering that so-called Right-to-Work laws originated as means to maintain Jim Crow labor relations and to beat back what was seen as a Jewish cabal to foment a revolution. No one was more important in placing Right-to-Work on the conservatives’ political agenda than Vance Muse of the Christian American Association, a larger-than-life Texan whose own grandson described him as “a white supremacist, an anti-Semite, and a Communist-baiter, a man who beat on labor unions not on behalf of working people, as he said, but because he was paid to do so.”

OK, you’re thinking, Vance Muse was just one man from one Christian organization. That doesn’t necessarily mean much. No, but when it inspires whole states, their governors, and their legislators to pursue right-to-work legislation specifically to marginalize unions and their members, this is more than just the trivial misdeeds of one man. Pierce closes his piece with these thoughts:

The Arkansas Farm Bureau Federation and allied industrialists were so pleased with the Christian American Association’s success in passing the anti-strike measure that they agreed to underwrite a campaign in 1944 to secure a Right-to-Work amendment for the Arkansas constitution. This placed Arkansas alongside Florida and California as the first states where voters could cast ballots for Right-to-Work laws. While Muse and the Christian Americans consulted with the campaigns in California and Florida, they led the one in Arkansas.

During the Arkansas campaign, the Christian Americans insisted that right-to-work was essential for the maintenance of the color line in labor relations. One piece of literature warned that if the amendment failed “white women and white men will be forced into organizations with black African apes . . . whom they will have to call ‘brother’ or lose their jobs.” Similarly, the Arkansas Farm Bureau Federation justified its support of Right-to-Work by citing organized labor’s threat to Jim Crow. It accused the CIO of “trying to pit tenant against landlord and black against white.”

In November 1944, Arkansas and Florida became the first states to enact Right-to-Work laws (California voters rejected the measure). In both states, few blacks could cast free ballots, election fraud was rampant, and political power was concentrated in the hands of an elite. Right-to-Work laws sought to make it stay that way, to deprive the least powerful of a voice, and to make sure that workers remained divided along racial lines. The current push for Right-to-Work in Kentucky and Missouri (along with the fueling of nativism) does something similar—it is an attempt to persuade white working people that unions and racialized others are more responsible for their plight than the choices made by capital.

Two things jump out here. The first is that there is a pronounced racist component to right-to-work—even if modern-day conservatives and Republicans downplay that factor. This may be a case of guilty by association, but Rep. Steve King, now-infamous white nationalist, loves right-to-work. Loves it. King loves it so much that he re-introduced legislation in the House to institute a National Right to Work Act. Where there’s smoke, there tends to be fire, and when there’s bad policy with the specter of racism looming, there tends to be Steve King. Just saying. The second is the mentality that connects to the earlier consideration of Americans “hating unions more than CEOs.” Anti-labor, anti-immigrant—it’s all part of the same classist soup that corporations and the wealthy use to depress the working class by turning them on themselves. Divide and conquer—a page straight out of the GOP playbook.


Given the efforts of Republican Party and industry leaders to weaken the rights of labor, in accordance with any number of factors that lend themselves to lower union enrollment numbers and fewer dues being paid, it would seem that the Democratic Party, a party which preaches inclusiveness and fighting for “the little guy,” would exhibit a more robust, if not more cohesive, challenge to the erosion of the bargaining power of the working class amid the erosion of manufacturing jobs. Owing largely to its own moneyed interests, however, the Democrats are currently primarily a fundraising operation, and only secondarily a defender and mobilizer of organized labor, allowing Republicans to undercut them in individual elections such as the 2016 presidential election, as well as threaten their political support from unions by taking labor group endorsements all but for granted. To reiterate the words of Thomas Edsall, however, they do so at their own peril. As Edsall notes, the Democratic percentage among union voters has consistently stayed in the 60% range for the past two decades, Not only is organized labor making up a smaller and smaller part of the general electorate, though, but Republicans continue to win local, state and federal offices despite changing demographics which should favor the Dems. If Democrats can’t even get into office, let alone do something about the strength of unions and their ability to organize, it paints a pretty grim picture for the working class in the United States.

Right-to-work: it has nothing to do with the right to work, nor is it right for workers, union or not. And if nothing is done to form a coalition to resist attempts to disempower unions and those workers who would join their ranks, we could be on our way back to the days and ways of the robber barons sooner than we think—if we aren’t there already.

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