New Orleans There is little question that the conservatives are coming after unions, even while they make the outrageous claim that they are now the workers’ party in the wake of the recent election.
Since the Wisconsin counterrevolution when the right was successful in eliminating union shop for public employees, the drums have been beating all over the country. Most observers believe that the challenge in California to union security provisions allowing dues or servicing fees to be collected for teachers would have prevailed on appeal at the US Supreme Court level if Justice Antonin Scalia had not suddenly passed away, leaving a tie vote and saving union security for another day. With Trump likely to nominate a hard right conservative justice as soon as he sits in the Oval Office swivel chair, there will be new challenges wending their way to the Court as quickly as they can be filed, and there are likely challenges already in process.
Kentucky Republicans tried an end around by allowing local counties to adopt so-called right-to-work laws eliminating union shop provisions, since they couldn’t get it done on a statewide level. The US Sixth Circuit Court of Appeal unanimously overturned a local federal court that had nixed that maneuver. Right now that means this is possible in that court’s jurisdiction where Kentucky and Ohio are still union shop states, while it is still amazing to write that Michigan is a relatively new right-to-work state and Tennessee has long had right-to-work on its books. The Koch Brothers’ Americans for Prosperity is touting the fact that this is also the strategy for the far right Illinois governor, and should be a precedent. They don’t mention that according to research, “Decisions issued by the Sixth Circuit were reversed by the United States Supreme Court 24 out of the 25 times they were reviewed in the five annual terms starting in October 2008 and ending in June 2013 — a higher frequency than any other federal appellate court during that time period.” With the new Supreme Court maybe they don’t need to do so, but it’s not a slam dunk since the issue is whether home rule provisions within a state can preempt the ability of a state to prevent patchwork measures like this.
Reportedly, there are going to federal bills for a national right-to-work. It might not make it through the Senate of course, and perhaps despite the huge wall that Trump will build between himself and his buildings, construction unions can drop their tools until the kids figure out a way to send smoke signals or something down to DC until he gets the message.
Meanwhile this will all be Koch Brothers everywhere you look, which means bills re-introduced in Missouri, Oklahoma, Texas, and elsewhere to eliminate all payroll deductions for unions. I’m not sure the United Way and insurance companies are going to save us, and an equal protection suit could be dragged out for years while local unions starve to death.
It won’t be the end of the world for unions, but it could be the end of the world as we know it now.
Gil Scott-Heron and his Amnesia Express sing “Three Miles Down” from March 14, 1990 in London, UK. A song for the Coal Miners.