Can’t Get There from Here….Or Can You: Could “Right-to-Work” Laws be Headed to New England?

As a Mainah, also known as a Mainer, or a wicked good person from the state of Maine, you’re going to have to travel a distance to find a “Right-to-Work” state.  The closest state to the South is Virginia and the closest to the East is Indiana.  But with the momentum gained from the recent passage of the right-to-work law in Michigan, don’t be surprised if this issue—which was a prominent subject of debate in the state in early 2011—comes back to the forefront of politics and the news in the coming months. 

Right-to-Work

A right-to-work law secures the right of employees to individually decide whether or not they want to join or financially support a union.  Right-to-work laws do not, however, apply to employees who work in the railway or airline industries.  Right-to-work advocates argue that the law offers employees greater freedom to determine whether they want to be members of a union and/or pay union dues, and make states more competitive in attracting jobs.  Opponents of Right to Work laws argue that on average the annual salary of workers in right-to-work states, compared to workers in states without such laws, is $1,500 less. 

Both sides appear to have valid data to support their positions.  In a 2007 study conducted by Lonnie Stevans of Hofstra University, he suggested that the number of businesses and self-employed people are greater, on average, in right-to-work states.  Conversely, however, employment, wages, and per-capita personal income, on average, is lower in right-to-work states. 

Right-to-work laws are currently in place in twenty-four (24) states, primarily in the southern portion of the country with a scattering in the West and Midwest.  One place you will not currently find right-to-work laws is in the Northeast. 

The effect of the recent passage of Michigan’s law is expected to have a significant effect on Michigan’s unions with experts estimating that unions could expect to see a twenty to thirty percent drop in revenues.  In 2011, the Department of Labor reported that approximately 703,000 people were union-affiliated employees in Michigan.  Of these union affiliated people, 671,000 people were actual members of a union.  Despite not being members, the approximately 32,000 people who were not union members, but were affiliated with a union still paid union dues—a payment that those individuals now have a choice as to whether or not they pay.  Upon the law’s passage, employees now have the right to choose not to join or financially support a union, while before they simply had the choice to not become a member of the union.

Right-to-Work Gaining New England Momentum?

Prior to Michigan, Indiana became a right-to work state earlier this year.  Before that, right-to-work legislation had not been passed since 2001 when Oklahoma became a right-to-work state.  The National Right to Work Legal Defense Foundation President, Mark Mix, hopes that at least one more state will adopt a right to work law before the end of 2013, and lists Pennsylvania, Montana, Missouri, and Alaska as his top contenders. 

Could national right-to-work advocates set their sights on passing right-to-work legislation in the Northeast?  It’s possible, but more likely that small grass-root efforts would lead the fight.  In 2011, the Department of Labor reported that 74,000 Maine employees held union affiliations (with only 63,000 of them being union members), with a slightly higher rate in New Hampshire—77,000 (68,000 of which are union members).  Vermont finds itself with only 39,000 union affiliated workers (35,000 of which are union members); while Massachusetts reports over 445,000 employees with union affiliations (with 422,000 of them being union members). 

N.H. Governor-Elect Maggie Hassan has already stated that if right-to-work legislation were to be passed by the legislature in New Hampshire she would “veto it if it came to [her] desk.”  Governor LePage, however, has publicly indicated that he supports right-to-work legislation, but also recognizes that he would face significant opposition from the soon-to-be Democratic state legislature.  With Forbes recently naming Maine the worst state for business for the third year in a row, right-to-work advocates may see such legislation as a promising step to increasing the ability to attract and keep businesses in Maine. 

The potential revival of “right-to-work” laws in Maine should lead to an interesting debate in the future!