The destruction of labor unions has long been a goal of the extreme right. In almost every GOP-controlled state, legislation has been passed that weaken unions through Right-to-Freeload (RTF) rules.
While no employee can be forced to join a union in any state, unions must represent all workers in a unit. RTF laws allow some to refuse to pay for that representation. It allows some to freeload on the backs of their co-workers who diligently pay their dues.
RTF laws certainly weaken unions. The unionization rates in RTF states average only 8.1%, compared to 15.3% in states where workers pay the cost of their representation. Without strong unions, all workers in RTF states suffer, not just the unionized ones. Wages are lower, poverty is higher, and worker safety is poorer. For obvious reasons, these laws are often called "Right-to-Work-For-Less".
Workers in states that have not imposed RTF average 19% higher income than those in RTF states. Of the ten highest income states, not a single one has an RTF law on the books. Of the 12 states with the lowest average pay, 10 are RTF states.
But, it's not just pay. The weaker unions in RTF states cannot push as strongly for workplace safety. RTF states have a horrendous 50% higher rate of workplace-related deaths.
There are currently 28 states with RTF laws. The most recent states to impose these laws are Wisconsin (2015), West Virginia (2016), Kentucky (2017), and Missouri (2017, delayed for referendum). However, not content to bring economic ruin to just the red states, the extreme right is trying to cripple unions nationwide through the court system.
On Thursday, the US Supreme Court* agreed to hear a case brought by Mark Janus, an AFSCME-represented public employee in Illinois. Janus evidently feels put upon by the union and thinks that he is entitled to union protections without paying for them. The case is being bankrolled by the National Right-to-Work Foundation, as well as Liberty Justice Center, part of the Koch network.
The case will be heard early next year. A decision will be handed-down in late Spring or early Summer. If the case is decided broadly in Janus' favor, it will impose Right-to-Freeload on public-sector employees across the country. Such a decision will greatly weaken the labor movement and workers' rights in America.
The Court* is closely divided along ideological lines on the issue. A similar case was argued in early 2016, involving an employee and the California Teacher's Association. After the death of conservative demigod Anton Scalia, the Court* split 4-4 on the case. The death of Scalia, who would likely have decided against the union, brought a temporary break in the effort to implement RTF through the courts.
All last year, President Obama was denied his Constitutional right to name Scalia's replacement. In one of the most heinous and blatant power grabs in US history, the Republican Senate refused to even consider the President's moderate replacement nominee, Merrick Garland. This outright GOP theft of a Supreme Court seat leaves the legitimacy of the Court* in question for years.
However, Senate Republicans such as Mich McConnell and Ron Johnson wasted little time in breaking previous Senate rules to allow the new Republican president to confirm a nominee with only 51 votes. Getting his marching orders from the Federalist Society, Trump nominated a far-right ideologue, Neil Gorsuch for the post.
Based on his past record, there is little doubt that Gorsuch will join with the far-right majority to cast his stolen vote against worker's rights. There is no doubt that he will side with his corporate masters to weaken unions. There is no doubt that he will legislate a nation-wide RTF law from the bench.
One of my Facebook friends is an Illinois public sector worker. She has the conflicted position of being strongly pro-union, but voted for Trump. She is very worried about the pending case and how a negative decision will affect her future job security.
It never crossed her mind (or crossed the minds of the 37% of other union members who voted for Trump) that her candidate would act to weaken her voice in the workplace. It never occurred to her that her President would install the deciding Court* vote to kill her union.
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