Tuesday, May 10, 2011

JuridicsUSA: Labor: Curbing the reach of unions to impinge the freedom of association / nonassociation

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Wall Street Journal (May9,2k11) via Workforce (SmartBrief) May9,2k11)


Bills Try to Curb 

Reach of Unions


by Kris Maher and Amy Merrick

Lawmakers in New Hampshire and Missouri are advancing so-called right-to-work bills that would allow private-sector workers to opt out of joining unions, the latest such efforts to curb labor unions in the legislative season that in many states is now entering the home stretch. 

The measures, if successful, would mark the first expansion in a decade of right-to-work laws, which are on the books in 22 states.

Lawmakers in New Hampshire, where Republicans took control of both chambers last fall, passed a right-to-work measure last week. Its success will hinge on whether the state House of Representatives has enough votes to override a promised veto by Democratic Gov. John Lynch. If the bill passes, New Hampshire would become the first right-to-work state in the Northeast, historically a union stronghold.

In Missouri, the sponsor of a state Senate right-to-work bill is trying to shape a compromise in the final days of the legislative session.
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Right-to-work measures were proposed in 18 states this year, an unusually high number that labor experts attribute to state budget and economic woes, GOP gains in November and influence by tea-party groups that oppose unions' political clout. Ohio and Wisconsin didn't pass specific right-to-work legislation but did adopt laws allowing public-sector employees to opt out of paying dues. The laws generally are backed by business groups and Republicans, opposed by Democrats and denounced by labor.

Most of the bills proposed this year likely are not far enough along to pass before legislative sessions end. Others died during negotiations. In Indiana, for instance, where Democrats fled the state in part to protest such a measure, House Republicans abandoned the idea to get them back to the table.

Still, the large number of proposals demonstrate the growing momentum of the idea. Legislators in many states say they will take up similar measures next year.

Right-to-work legislation is typically among the most contentious. A key contributor to the states' red ink, advocates say, is public-employee benefits and pensions set by generous union contracts. Additionally, advocates say, the slow economy and a desire to create jobs has revived the issue.

"The political equation has changed in a lot of states," said Michael Eastman, executive director of labor policy for the U.S. Chamber of Commerce. "Measures that may not have been possible two and four and six years ago now may be."

But unions view such measures as a political attack, aimed at curbing their influence. The laws threaten unions because they permit workers to opt out of joining or paying dues in unionized workplaces. Dues are a key source of funds for political efforts, and higher numbers of workers give unions more clout during contract talks. Without right-to-work laws, workers covered by union contracts can be required to pay union dues.

The goal of right-to-work measures is to "weaken the labor movement in key states around the country," said Mark MacKenzie, president of the AFL-CIO's state federation in New Hampshire. "If you look at the map, it has nothing to do with protecting workers rights but taking over key areas of the country" for the 2012 presidential election.

Right-to-work laws were set by the Taft-Hartley Act of 1947. They have largely been enacted by states on the Great Plains and in the South. Those states, including Texas and North Carolina, tend to have the lowest unionization rates.

In March, right-to-work states had both the nation's lowest U.S. unemployment rate, at 3.6% in North Dakota, and the highest, at 13.2% in Nevada, which still has a relatively large percentage of union members.

In Missouri, 9.9% of all workers belong to a union, and in New Hampshire 10.2% of workers do, according to the U.S. Labor Department. Missouri Sen. Luann Ridgeway, who sponsored that state's right-to-work measure, said schemes to attract jobs with tax breaks haven't worked. The bill has stalled in the Senate, but Ms. Ridgeway, a Republican, said she and her colleagues were weighing compromises, such as a voter referendum.

In New Hampshire, unions are lobbying the House, where Republicans have a 294-102 majority. The Senate passed the bill with a two-thirds majority needed to override the veto, but the House vote fell short of that mark.

Unions say they are uncertain about their chances. "I would say that we don't have the votes right now," said Dennis Caza, political coordinator for International Brotherhood of Teamsters Local 633, in Manchester, N.H., which represents workers at United Parcel Service Inc. and Anheuser-Busch Companies., among other companies.
Write to Kris Maher at kris.maher@wsj.com and Amy Merrick at amy.merrick@wsj.com
-- semiotically-enriched news article posted by Lawt

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