Rep. Burlison's bill would let workers in right-to-work states negotiate conditions

U.S. House Rep. Eric Burlison introduced legislation allowing workers in right-to-work states, who opt out of union representation, to represent their own interests before employers.

“Workers in right-to-work states are not truly allowed to negotiate their own working conditions when they are still forced to accept union-negotiated terms,” Burlison said in a release. “By freeing workers from union contracts, we are allowing American workers to have control over their own destiny.”

Right-to-work legislation gives employees the right to choose whether or not they want to join a union in their workplace. It also makes paying union dues optional, whether or not a worker is part of the union.

Burlison argues that his legislation allows workers in states with right-to-work laws to negotiate directly with employers about their working conditions. He says this bill “does not impose new restrictions on employers, workers, or unions and does not make any changes to collective bargaining.”

It would have no effect in states without right-to-work legislation. It would also have no effect on railroad and airline employees, as federal law requires them to pay union fees, or government employees, who would require changes similar to Burlison’s worker’s choice legislation to be added to state law.

Union advocates, however, say that right to work laws make it harder for workers to unionize and result in lower pay and poor working conditions, when enacted. AFL-CIO says that workers' pay drops 3.1% on average when such legislation is put in place in a state.

Also, labor advocates feels that non-unionized workers have less negotiating power when directly dealing with employers than if they use the collective bargaining power provided by union membership.

In Missouri, a right-to-work bill was passed by the state legislature and signed into law by former Gov. Eric Greitens in 2017. However, unions quickly filed a referendum to overturn the measure.

It overwhelmingly passed in 2018, with 67.5% of voters signaling their desire to overturn the legislation.

“The message sent by every single person who worked to defeat Prop. A is clear: When we see an opportunity to use our political voice to give workers a more level playing field, we will seize it with overwhelming passion and determination,” AFL-CIO President Richard Trumka said in a release following the 2018 victory.

“Tonight is the latest act of working people changing a rigged system that for decades has been favoring corporations, the mega-wealthy and the privileged few,” Trumka said in the 2018 release.

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However, Burlison feels that the reversals of right-to-work legislation in Missouri and other states such as Michigan were spearheaded by labor unions that failed to recognize workers who feel trapped by their union contracts.

“Labor unions pushed for these reversals, arguing that right-to-work laws let private-sector employees free-ride off union contracts without paying fees,” Burlison said in an op-ed to the Wall Street Journal. “In reality, workers are forced riders, required to accept unwanted union representation and contracts that may not reflect their individual needs.”

Also, he feels that his legislation would actually benefit labor unions, in the sense that they no longer have to “expend resources on nonmembers.”

“Those in their ranks would benefit because union leaders would have more incentive to provide better representation lest workers leave to negotiate their own contracts,” Burlison said in his op-ed.

Union membership is on the rise in Missouri, following a long slump in interested parties seeking to form unions. In 2022, 9.6% of employed Missourians belonged to a union, up from 9% in 2021, and 10.6% of Missouri workers were being represented by unions, up from 10.2% in 2021, according to the Bureau of Labor Statistics.

Laborers working in trades such as bricklaying, carpentry or other such professions were traditionally pegged as union workers, but new industries have organized in recent years.

For example, baristas at Starbucks locations across the country, including 11 in Missouri, have unionized for better pay and working conditions. Additionally, some Missouri budtenders working at cannabis dispensaries have also unionized.

This article originally appeared on Springfield News-Leader: Rep. Burlison proposes worker's choice bill for right-to-work states