LaborPains.org

“Just when I thought I was out, they pull me back in.” So it was for Michael Corleone in The Godfather Part III. So too it is today for former union members in Indiana.

As we have previously written, Indiana became the 23^rd right-to-work state back in March 2012. The centerpiece of the legislation liberated workers by allowing them to choose whether to pay money for the union’s services. Now, if workers decide a union is not right for them – or if they simply cannot afford it – they are no longer forced to pay union dues as a condition of employment.

But as the Indianapolis Star reported earlier this week, two powerful labor unions don’t quite see it that way:

Joshua Sterrett resigned from the Communications Workers of America Local 4900 union on January 21. Julie Huffman resigned from the United Food and Commercial Worker Local 700 union in May 2012. In separate complaints to the National Labor Relations Board, the two allege they still are being forced to contribute union dues.

Nevermind that right-to-work legislation prohibits forcing unwilling workers to pay union dues. Nevermind that some workers may simply prefer keeping more of their paycheck to cover other needs. When it comes to unions and collecting dues, they will do anything they can to retain fleeing members – even if it means pulling them back in.

St. Louis Post-Dispatch: Right-to-work building interest in Missouri Capitol
Packed-house hearings suggest that there will be a long road ahead, but some proponents are feeling the momentum.

New Hampshire Union Leader: Right-to-work legislation put down hard
The right-to-work bill does not make it out of the House this year. In 2012, state senators refuse to hear the bill, and in 2011, right-to-work was vetoed by then-Governor John Lynch, and did not get enough votes to override his veto.

Hoffa in the Detroit News: Right to work is a right-wing conspiracy
We quote Hoffa’s opinion on those who support right-to-work and other labor reforms:

It is exactly what Hillary Clinton called it: A vast right-wing conspiracy.

OpenMarket.org: “King” Of Nowhere: UAW Chief Makes Noise, Not War
CEI scholars look at the ineffectiveness of Bob King, president of the United Autoworkers .

New York Times: Seeking Growth, Nurses’ Union Links to Teachers’ Union
The American Federation of Teachers poaches a 34,000 member nurses union.

Washington Times: EDITORIAL: Bring up right to work
The paper’s editors come out in favor of the National Right to Work Legislation proposed by Sen. Rand Paul (R-KY).

The Nation: Walmart Workers Are Back on Strike Over a New Wave of Alleged Threats
Despite an NLRB settlement order, it appears that the UFCW is participating in protests against Wal-Mart.

Orange County Register: Opinion: Public unions the real freeloaders
A California public school teacher and agency fee payer responds to the baseless “freeloader” pejorative.

Cincinnati Enquirer: Voices: US labor unions face stacked deck
A union organizer argues that employees should only hear one side of the story: his.

Los Angeles Times: Ports face labor discord
The costly strike that ended in December is now at risk of starting again.

Washington Examiner: Study: Transparency in collective bargaining could save taxpayers $50 billion
A Goldwater Institute report reveals that only seven states mandate open negotiations for public sector unions.

Milawuke-Wisconsin Journal Sentinel: Wisconsin’s ‘union’ label fading fast
The tale of the tape in the wake of Wisconsin’s Act 10 shows organized labor in dire straits.

Stowe Reporter: Vermont bill is a mockery of fairness
A Vermont teacher explains why paying a “fair share,” involuntarily, is actually unfair.

You’d be hard pressed to miss the news that organized labor suffered one of its largest one-year losses in membership in years. While the AFL-CIO is out spinning, our executive director, Rick Berman, weighed in at the Washington Examiner:

The updated membership number is 11.3 percent of the total workforce—the lowest it’s been since the 1930s. In 34 states, union membership tumbled. Among those is Michigan, which has yet to feel the effect from becoming a right-to-work state.

Across the country, state governments are starting their legislative sessions and are filing bills that would reform labor law. Pennsylvania lawmakers will be mulling a package of reforms, including right-to-work. Colorado is doing the same. Even Kansas, already a right-to-work state, is looking at labor law changes: Its legislators are looking at a public sector union paycheck protection bill.

Filed under “this is awkward,” the Philadelphia Daily News reports (via Philly.com) that its parent group, Interstate General Media (IGM), has given the employees of the News, Philly.com, and the Philadelphia Inquirer an ultimatum: Come to a union agreement by Friday or we’ll liquidate. Although the newsroom staff has a contract that runs until October, the company’s ten remaining unions are currently working without a deal.  We’re looking forward to some interesting reporting by these union members as they give us the play-by-play of their own fate.

The Michigan Economic Development Corporation (MEDC), believing (correctly) that right-to-work laws are a draw for businesses, advertised as much in the Wall Street Journal last week. But not everyone is happy: Opponents of the legislation are appalled that the ad invoked the popular advertising slogan, “Pure Michigan.” MEDC’s president defended his company’s decision: “Freedom to work is now a law of the state of Michigan, and our job is to sell to the business community all the advantages they may have in doing business in Michigan.” General Motors, for one, agrees.

Acting General Counsel Lafe Solomon has ordered that the National Labor Relations Board (NLRB) begin to accept compensation in lieu of reinstatement in all cases of unlawful discharge or layoff. Prior to this, “front pay,” as it’s known, was only done in side letters, outside the reach of the NLRB. Statistics show that this appears to be a reflection of a trend of declining rates of acceptance of reinstatement offers.

Free choice in employment never seems to interest organized labor or those on the left. In any other context, the freedom of association is heralded as an important right. But thanks to the trends in labor’s political spending, the story is quite different.

Nonetheless, Sherk makes the case for states to allow state and local government workers to voluntarily decide if they want to be members of the currently established union, a different union, or just represent themselves. Note that this is different than right-to-work: In right-to-work states, if an employee opts out of joining the union, he or she is still forced to work under the union-negotiated contract. That system is what prompts organized labor’s attack that those exercising their rights are “freeloaders.”

The problems with the current system are numerous, according to Sherk. To name a few:

• Unions, as a labor cartel, unnecessarily increase costs by dictating the only acceptable terms of employment and compensation.
• Taxpayers are stuck footing the bill for union work done on the job, and must also pay for a system that helps to subsidize the union’s fundraising by administering payroll deduction.
• “One-Size-Fits-All Contracts” that don’t allow individuals to thrive (or fail) on their own and instead fall back on antiquated seniority rules and standardized raises.

Sherk also recognizes an issue that is a key element of the Employee Rights Act—the need for a recertification vote. An overwhelming majority of union members never voted for a union to represent them.

And as we’ve said before in the context of right-to-work laws, instituting a voluntary representation system means that labor unions will have to make themselves relevant and accountable and actually serve their members, not simply milk them like a cash cow.

Sherk’s unique solution is one that would give unionized employees greater free choice than they have ever enjoyed before.