Right to Work: Then and Now

Right to Work: Then and Now

We are living in what could be deemed as America’s Second so-called ‘Right to Work’ revolution, with the first being carried out from 1940 to the mid-1960’s. Both of these revolutions have been led by a privileged group of people that have benefited from the status quo, and who would pay heavily if they allow union membership to grow. Who are these nefarious people?

America’s first ‘Right to Work’ revolution started during the 1940’s, and was led by supporters of Jim Crow segregation. Even though the Emancipation Proclamation had deemed slavery over in 1862, supporters of segregation had long benefited from legislation that enabled the oppressive and inequitable treatment of black workers. From 1800 – 1866, many southern states had enacted Black Codes, which dictated everything from the type of work that former slaves could do, to where they could and could not travel. Black Codes were the predecessor to the more commonly known Jim Crow laws, which put in place the oppressive and long-lasting consequences of “separate but equal” policies. Together, Black Codes and Jim Crow laws ensured a steady supply of cheap labor, by denying even the most basic freedoms to blacks in America during the post-World War I era.

At the same time, northern workers were organizing themselves into unions to fight for fairer wages, for decent working conditions, and for reasonable housing – and they were doing so quite effectively. By the mid-1930’s the victories of organized labor were causing great unease among the wealthy and powerful, as workers had won the right to organize under the National Labor Relations Act (1935) and the right to a 40-hour work week under the Wagner Act of 1938 (not to mention a ban on child labor). If something didn’t happen, and quick, American industrialists were going to see their supply of cheap labor disappear altogether.

So, in the mid-1940’s, Senator Taft of Ohio and Representative Hartley of New Jersey introduced the Taft-Hartley Act to Congress. The federal Taft–Hartley Act prohibited jurisdictional strikes, solidarity or political strikes, boycotts, closed shops, and monetary donations by unions to federal political campaigns. Further, it enabled states to enact these prohibitions under the guise of “Right to Work” laws that could be passed by each state’s legislature. Under a concerted effort by southern segregationists, nearly 20 southern states moved quickly to enact “Right to Work” laws throughout the 1940’s and 50’s. These laws essentially quashed the American Dream for former slaves until the mid-1960’s when Martin Luther King Jr. and others orchestrated the Selma to Montgomery, and “the Great on Washington” marches.

Today, under an equally-concerted effort by America’s most wealthy and powerful, “Right to Work” has again taken the national spotlight. More than a dozen newly-elected Governors are launching a massive campaign to scale back the power of labor unions; and in some cases, eliminate them altogether. While the rhetoric is different (but not by much), the intentions are the same. In the 40’s, unionists were deemed to be part of America’s “Red Scare”. Look it up.....those who eventually pushed Taft-Hartley were the same folks that were making the claim all along that the labor movement was a communist plot to take over the government, when what it really was a plot to end child labor, to put in place a 40-hour work week, and to liberate the American worker. Oddly enough, current Governor Mitch Daniels (elected in 2008) did not stray far from the flock when he appeared at the 2011 Conservative Political Action Conference. As justification for the conservative assault on public and private sector collective bargaining rights, Governor Daniels said that when he claimed that debt was America’s “new Red Menace”. As an antidote to federal spending that he claims has crippled his state, Daniels cited the privatization of the toll roads, and a “moratorium on new regulation”.

With union membership so maligned (between 7% and 12% of workers belonging to a union) proponents of “Right to Work” have had to change up their rhetoric in order to justify their cause. It’s hard to say that 10% of the workforce could overthrow the government (not even they can peddle that lie effectively). So, they have wrapped their arms around another big lie – that high wages and luxurious healthcare benefits of union members have stifled job growth in America, and that somehow our economic problems can be solved if we bring the hammer down on America’s labor movement. But, this is just the tip of a very large iceberg that they are hoping will melt – even though they think global warming is a myth.

That iceberg is the idea that American’s should have a voice at work. Just like in the Taft-Hartley days, America’s elite are waging a war, and it started with the Citizens United decision.

Shall we run the list?

The Governor of Wisconsin, Scott Walker, has called for an all-out ban on collective bargaining rights for public employees, and he has warned the National Guard in an attempt to stifle public dissent.

Governor Kasich of Ohio is also considering a ban on state employee collective bargaining rights, among other proposals such as the idea to privatize the Department of Development, and to push a state-wide “Right to Work” law.

In 16 states there are pieces of legislation aimed at limiting or revoking the right of unions to use dues money for political purposes (Alabama, Arkansas, Arizona, Georgia, Indiana, Kansas, Michigan, Minnesota, Missouri, Mississippi, New Hampshire, South Carolina, Tennessee, Texas, and Wisconsin).

Ten states are considering “Right to Work” laws (Indiana, Pennsylvania, Maine, Michigan, Minnesota, Missouri, Montana, New Hampshire, Ohio, and Wisconsin).

Seventeen states are considering legislation that will keep state and local governments from requiring contractors bidding on public works projects from paying workers predetermined wages and benefits (Project-labor or prevailing wage agreements).

As in the 1940’s, proponents of so-called “Right to Work” laws are hoping that their fear-mongering and rhetoric will distract the public enough so that we do not see their real intentions, which have always been to ensure a steady supply of cheap labor and to stifle the collective voice of workers. We shouldn’t forget history when we are fighting the attacks on unions that we are faced with today.