out·post, \ˈaut-ˌpōst\, noun: an outlying or frontier settlement
ob·serv·er, \əb-ˈzər-vər\, noun: a representative sent to observe but not participate in an activity
Saturday, December 22, 2012
By John A. Ostenburg
Michigan has become the latest state in the nation to enact legislation that limits the rights of organized labor.
The co-called “right to work” legislation approved by the Republican controlled Michigan legislature, and then signed into law in early December by GOP Governor Rich Snyder makes the birthplace of modern-day organized labor the 24th state to enact such a law. The measure prohibits mandatory union membership, and/or the contribution of “fair share” payment equivalent to dues, by workers in either public or private jobs where collective bargaining agreements exist.
Organized labor long has argued that it the negotiation of contracts on behalf of the persons represented by a legitimate collective bargaining agent is a costly process, as also is maintaining the day-by-day assurance that the collective bargaining agreement is followed. As such, since it is the workers who ultimately benefit from both the negotiations and contract enforcement, labor maintains they should be required either to contribute union dues or the equivalent in a “fair share” payment.
In effect, what the new Michigan law does – just as do similar laws in the other 23 states – is require the union to expend its resources on behalf of the workers without the workers themselves contributing one penny toward the process. While some workers bear the burden, others get a free ride.
During the 15 years that I was a staff member for the Chicago Teachers Union, I wrote many articles about how the CTU gained its collective bargaining rights with the Chicago Board of Education. It was a long and arduous process, beginning when the CTU was organized in 1937, and not reaching fruition until 30 years later in 1967. Then came a 20-year period during which repeated strikes finally resulted in fairly decent wages and benefits for all the teachers and support staff in CPS schools. The strike this past year was the first one since 1987, but again the results of that walkout benefited ALL teachers and staff in the system, not just those who are actual members of the union.
None of that was cost-free. Someone had to pay the bill.
Fortunately, Illinois law requires all employees in a unionized setting to contribute their “fair share” toward union costs. If they don’t want to be members of a union – for whatever personal reasons they may have – they have that right. However, they don’t have the right to ride on the back of their fellow workers by not contributing to the costs of the good work being done on their behalf by union representatives.
Unfortunately for Michigan workers, that’s no longer the case in that state.
What’s even more unfortunate for Michigan is the fact that the new legislation appears to be nothing short of a vendetta against organized labor. Governor Snyder has stated publicly that he formerly opposed such “right to work” laws. What made him change his mind? He was angry with Michigan unions because they placed a measure on the ballot for last November’s election that would have constitutionally outlawed such legislation.
The measure apparently cost Governor Snyder’s wealthy corporate friends approximately $32 million to defeat. Those friends obviously complained to the governor about how much they had to spend – dollars that otherwise could have been used to support the candidacies of right-wing Republican candidates – and he caved in.
As President Barack Obama and others have stated, “right to work” is a misnomer. In states without such laws, no residents are denied the right to work. If they find an employer who wants to give them a job, they have the right to take it, and usually do. If they work in a unionized setting, however, they must contribute to the costs that the union accrues during the process of representing them and assuring their workplace rights. In fact, therefore, workers’ rights are better protected in the states that do not have so-called “right to work” laws than they are in the states with such laws.
If one studies the history of organized labor in the U.S., it is obvious that the greatest period of growth in union membership came after the great depression and the difficult economic times of the early 1930s. For the past five years, the country has been suffering from the greatest economic downturn it has experienced since that earlier period. Might those who are supporting laws that limit the power of unions actually be fearful that union membership will begin to grow again as the country comes out of the current economic malaise? Could that be the real reason behind all the anti-union legislation that’s being proposed by the Republicans who represent corporations over workers?
If it’s “rights” that we’re concerned about, then let’s start talking about the “rights” of the workers: the right to negotiate for fair wages and benefits, the right to protections in the workplace against discrimination, the right to legitimate status as part of the middle class, AND the right to have everyone in their workplace contribute fairly and evenly to the costs associated with assuring those conditions.
Isn’t that the true American tradition?John A. Ostenburg is in his fourth four-year term as mayor of Park Forest, Illinois, and formerly served in the Illinois House of Representatives. He retired in July 2010 as the chief of staff for the Chicago Teachers Union after holding various CTU posts over a 15-year period. A former newspaper reporter and editor, he also has been a teacher and/or administrator at elementary, secondary, community college, and university levels. E-mail him at [email protected].