Republicans at the Statehouse are trying to decide whether to take on the divisive issue of right-to-work.
Supporters argue that a right-to-work law protects worker freedom, giving an employee the option of whether or not they are willing to pay union dues. Opponents say a right-to-work law would lower wages, risk workplace safety and grant non-union workers benefits without paying union dues.
Polls consistently show the public supports right-to-work. A survey by Mark Blankenship Enterprises for Americans for Prosperity—West Virginia found that 66 percent of West Virginia voters support a right-to-work law. Nationally, a 2014 Gallup Poll found “by 64 percent to 32 percent, Americans disagree that workers should ‘have to join and pay dues to give the union financial support’ because ‘all workers share the gains won by the labor union.’”
Twenty-four states have passed right-to-work laws. Kentucky and West Virginia are the two remaining holdouts in the southern region of the country.
Union membership in West Virginia continues to decline. U.S. Bureau of Labor Statistics figures show that just 11.3 percent of the state’s private sector workforce belonged to a union in 2013, down from 13.4 percent in 2000.
So the forces are lining up in favor of passing a right-to-work law here, but Republican leaders in the House of Delegates and the Senate are hesitating, and here’s why.
The new GOP majority has already successfully taken on a series of substantive issues. They’re passing legal reforms they hope will improve the state’s business climate. Public charter schools and alternative teacher certification are moving. Lawmakers are going to eliminate straight-ticket voting and make judicial elections non-partisan. A fetal pain bill will likely pass both houses.
How many big bites do they want to take this session?
Also, Republicans are already fighting with labor over prevailing wage, which will lead to either significant reforms of the state’s policy for paying higher-than-average union wages for public projects or an outright repeal.
Right-to-work laws are anathema to labor unions. The AFL-CIO and others would bring busloads of union members and supporters to the Capitol to demonstrate their opposition. Republicans may not want that kind of public fight, especially after having so much success this session.
And finally, Governor Tomblin would likely veto right-to-work, setting up a high-profile showdown between the legislative and executive branches.
The GOP has the majority and the momentum, making it tempting to swing for the fences and go after right-to-work. It’s a high risk, high reward play, and one the Republican leaders must decide soon whether to take this session.