America’s working men and women have faced unprecedented challenges throughout the pandemic, and on Labor Day we should not just remember their dedication, we should redouble our efforts to protect their individual rights in the workplace.
That means there is something to do in Montana because it is one of the 23 states that America has no right to work law. In your state, union officials have the power to legally threaten, pay, or be fired from an employee. By imposing a monopoly contract, all workers in a unionized establishment, even those who refuse to join, can be forced to pay union dues as a condition of employment.
While the landmark 2018 U.S. Supreme Court ruling Janus v AFSCME now protects all public sector workers from forced union payments, private sector workers in Montana and other unionized states can continue to be required to fund the activities of union officials, even if they bitterly oppose the so-called “representation” of the union.
The vast majority of Americans realize that this is downright wrong. From year to year, polls consistently show that about 8 in 10 Americans oppose the idea that someone should be forced to fund unwanted activities of union leaders just to keep their jobs. Similarly, surveys have shown that as many as 80 percent of union members believe that union membership and dues should be voluntary and not a requirement for employment.
In addition to not lagging behind in protecting workers’ rights, forced union states fell painfully behind their right-to-work counterparts in recovering from the economic disruption of COVID-19.
According to Labor Department statistics from July, April 2020 to April 2021, states with the right to work saw a recovery in payroll in manufacturing, about a 60% higher percentage than states with forced union in same period.
Sluggish job growth in unionized countries was not limited to just recovering from the pandemic. Analysis by the National Institute for Labor Relations Research (NILRR) suggests that employment in states where the right to work is unprotected rose only 2.4% from 2020 to 2010, compared to the increase in 11.0% in states entitled to work over the same decade period.
It comes as no surprise, then, that it was only last year that states with the right to work passed the milestone of now housing the majority of the workforce in the United States, according to the Department of Labor’s household survey. And people flock to the states with the right to work not just for the jobs: NILRR analysis suggests that the average after-tax household income in the states with the right to work is about $ 4,300 above the average, based on data from the Bureau of Labor Statistics for households in unionized states, after adjusting the cost of living.
Economists also regularly point out that the right to work plays a major role when a company is deciding where to expand or build an existing plant or facility. In manufacturing alone, according to the NILRR analysis, the number of workers in states with the right to work rose by 9.1% from 2010 to 2020, while it fell by 0.2% in states with forced union.
A wealth of data supports the idea that the right to work applies to both workers and businesses, but protection consists primarily in protecting the right of every individual worker to choose freely whether union officials deserve financial support.
And of course the right to work does not prevent workers from joining a union if they do so voluntarily. In fact, Right to Work is pushing union leaders to take on more responsibility, knowing that they cannot rely on government-granted powers to pour employee money into their coffers and that they must instead earn that support by responding to your needs.
The working men and women of Montana and America at large deserve this type of protection. So on this Labor Day, consider the benefits of the right to work and urge your elected officials to take advantage of the freedom of workers and economic opportunities.
Mark Mix is President of the National Right to Work Committee and the National Right to Work Legal Defense Foundation.