This question, like most difficult questions, cannot be
answered simply. There are many facets
to this change, not only for the workers, the Unions and the Employers and much
of it depends on a person’s perspective.
Let’s take the perspective of the Employer first.
For the vast majority of business owners in Indiana that are
forced to deal with labor unions it’s like Christmas, Easter and their birthday
all rolled into one. They see this as
being the beginning of the end for the labor unions that for many years have
been a painful thorn in their side. They
know that like most American’s, workers don’t like to pay for something unless
they see an immediate return or gain from so right off the bat they know that a
percentage of their workforce will happily refuse to pay dues. Of course this will severely weaken the Union
making them much less effective in area like Collective Bargaining Agreement
(CBA) enforcement, grievance handling, recruiting new members and ultimately
negotiating for new CBA’s. Of course the
Union’s with CBA’s will still be obligated to use their soon dwindling
resources to defend bargaining unit members who steadfastly refuse to pay dues
under the Union’s Duty of Fair Representation which is clearly defined in the
National Labor Relations Act, as amended.
Oh happy days!
Let’s look at the workers point of view.
First off many will see this as a chance to tell the Union
to go to hell. Anyone who ever felt
there were treated unfairly or doesn’t feel the Union fought hard enough for
them will have all the motivation to tell the Union where to stick their dues
payment, because it won’t be coming from them anymore. I’m sure some are looking around to see what
they will be able to do with the money they will save on dues. Of course there will be those who are die
hard or true believers, but like all fanatics, nobody really listens to
them. This will of course change the
moment it comes time to ratify a new CBA or when they themselves get into
trouble with the boss. They will be the
first and the loudest to demand their rights for a grievance from the Union
especially when the boss pulls them aside and tells them that the Union has to
represent them. Of course it will take
time before these individuals start to see the changes in their workplace once
the Union is finally defeated and run out of town.
Finally, let’s try on the Union’s shoes.
Labor Unions are built on the backs of the workers who
believe in them and it does not matter if it is in a “right to work” state or not. The term “true believer” is a label that
belongs to every brave sole who was first to stand up and say “enough is
enough” and did everything they could to bring in the Union. These folks know the long history of worker’s
rights that would have never happened without the Unions being there to fight
for them and with them. The long days
and nights working on their own time and their own dime just to get enough
members to “man up” and come to a meeting, let alone have enough willing
volunteers to form a negotiating committee, become stewards or run for office
are very familiar problems to these individuals. This already daunting task will now be made
all the more difficult now that their home state has dealt them a telling blow
by removing their right to compel the payment of dues. Many Union’s, knowing these issues, will have
prepared themselves with several weapons in their arsenal against the
“freeloaders”. One of these is the use
of a “sunset” provision in the Dues Authorization Cards that members signed to
have their dues automatically deducted from their paychecks. This provision only allows the cancellation
of the agreement during a limited window of opportunity, usually within a
number of days on the anniversary of when the card was signed. This will undoubtedly frustrate both the
employer and the employee for a time. Of
course, once they have opted out, employees will no longer be allowed to
participate in such important events like CBA ratifications, unless they first
authorize another dues card. This will
give the Unions a constant battle on two fronts, one against the company who
will be constantly pushing at the boundaries on one side and the dissatisfied
members/freeloaders who will be hounding them from the other side.
Like I said at the start of this article, it cannot be
answered simply.
But allow me to ask you a question and please feel free to
respond on my blog with your answer.
1. If the payment of
taxes were voluntary rather than mandatory, how many of you would pay taxes?
2. If taxes were
voluntary, how do you think that would change our standard of living in this
country?
I look forward to your replies.
