Nationwide Right to Unionize Act would eliminate right-to-work states, a status which 27 states have adopted
Should states have the option to prevent compulsory union membership within their borders?
Context and what the legislation does
The Taft-Hartley Act of 1947, passed over the veto of Democratic President Harry Truman, allowed states to ban mandatory union membership for workers. Within a year, 12 states did just that, becoming right-to-work states.
Currently, 27 states are right-to-work, the most recent being Kentucky in 2017. President Trump, like most Republicans, has expressed fondness for right-to-work policies. “It is better for the people. You are not paying the big fees to the unions. The unions get big fees,” Trump said. “A lot of people don’t realize they have to pay a lot of fees.”
Studies have found that the results are a mixed bag. Right-to-work states generally have lower wages for workers, but also lower unemployment rates too.
What the legislation does
The Nationwide Right to Unionize Act would repeal the 1947 federal law which created right-to-work states, by mandating that all states allow compulsory union membership for workers.
The House version was introduced on January 29 as bill number H.R. 5712, by Rep. Brad Sherman (D-CA30). The Senate version was introduced a few days later on February 5 as bill number S. 3255, by Sen. Elizabeth Warren (D-MA).
What supporters say
Supporters argue the bill will raise wages and protect the constitutional First Amendment right of assembly.
“So called ‘right-to-work’ laws are designed to make it difficult to organize a union,” Rep. Sherman said in a press release. “This impacts not only workers who want a union, but general wage levels throughout the state. In an ill-conceived effort to attract business, one state after another has adopted these anti-union laws in a race to the bottom.”
“I support workers all the way as they join together and fight for their future,” Sen. Warren said in a press release. “[The bill] would protect workers across the country and ban states from imposing restrictions that drive down wages by preventing workers from unionizing.”
What opponents say
Opponents counter that the legislation keeps business’s costs down, which in turn encourages economic growth.
“We are the last state in the entire south to have passed right-to-work legislation, the last state in the entire manufacturing belt of America to have passed this legislation,” then-Gov. Matt Bevin (R-KY) said in signing the bill that made Kentucky the most recent right-to-work state in 2017 — implying that otherwise his state would be at a competitive disadvantage in the region.
“This will mean incredible new opportunities for the commonwealth of Kentucky,” Gov. Bevin said. This will mean incredible opportunity for the attraction of economic development, of business, for the creation of jobs.”
Odds of passage
The House version has attracted 30 cosponsors, all Democrats. It awaits a potential vote in the House Education and Labor Committee.
The Senate version has attracted 16 cosponsors: 15 Democrats and one independent. Odds of passage are slim in the Republican-controlled chamber.
This article was written by GovTrack Insider staff writer Jesse Rifkin.
Like our analyses? Want more? Support our work!
