Impact of Right to Work law to be felt for years to come, attorney says

By Paul Janczewski

Legal News

Michigan became the 24th state to enact a Right to Work (RTW) law, but one attorney who is opposed to it said the full effects of it may not be truly felt for years.

But one thing Kevin Carlson wants people to realize is that RTW is a "misnomer."

"We've got to find something else to call it," he said.

RTW opponents have come up with several other unflattering terms to label it. Union-busting. The Back in Time Amendment. Freeloading.

"When politicians use the term RTW, it's really a misnomer. Because the RTW law does not give any employees, in union or non-union workplaces, any additional job security, guarantee of employment or benefits of employment, that they didn't already have," he claimed.

Carlson, a labor employment attorney for the Royal Oak firm of Pitt McGehee Palmer Rivers & Golden, is not only passionate about his niche in this type of law, but also well versed in its particulars.

Born and raised in Michigan, Carlson said that his union roots run true and deep. His father was a teacher and a member of the union. He said the term RTW was coined in the early 1940s, before the Taft-Hartley Act was passed in 1947, which made it illegal for employers to maintain a union, or closed shop, ending forced unionization as a condition for gaining or keeping employment.

"The reason it's important to understand that is because when the term RTW was created, it was referring to a time and place where there could be forced unionization," Carlson said.

In 2012, when the state enacted the RTW law, Carlson said the true, original meaning of the phrase was mangled.

"A true RTW would be a guarantee of job security, or just cause employment," he said.

Meaning, an employer cannot terminate a worker unless they have just cause related to on-the job conduct.

"Union representation is a benefit of employment," Carlson said.

Unions have gone through hardships over the years to protect employees from unsafe work conditions, harsh treatment, and other unsavory conditions to provide a safe place to work, with adequate pay and benefits.

"And if you're going to claim the benefits of union representation, it's only fair you pay your fair share of what the benefits cost," he said. "But the RTW law in Michigan makes it illegal for two consenting parties, the union and the employer, to enter into that kind of contract. And when you think of America and Michigan as a free market, and you ask yourself, 'Why would a government that wants to keep its hands off the free market get into the business of regulating what kinds of contracts people can enter into.' It's unprecedented."

Carlson is representing several journalists and others who were excluded from the Capitol, claiming that provisions of Michigan's Open Meetings Act were violated. Nevertheless, RTW was enacted and became law this past March.

Proponents of RTW argue it will bring more jobs to the state. Opponents say those jobs pay far less, forcing employees to pay more for health care benefits and weakening unions by forcing then to represent workers who are not members.

He also doubts the claims that it will draw more businesses here.

"I have yet to hear an employer declare that they're going to pack up shop in a union state and move to Michigan strictly because we have RTW," he said.

In the 24 RTW states, workers generally earn less, he said.

Carlson said the economic arguments can cut both ways. He said studies have shown that RTW can attract employers, but it also lowers the quality of life and standard of living for middle class workers. As a result, consumer spending goes down.

He also debunked several myths about the RTW law. Proponents say it prohibits forced unionization.

"But that's been illegal for 60 years," Carlson said.

The fact is, Carlson said, that employers are moving to places where the pool of workers is more educated in the areas of math, science, and technology. And if Michigan does not have a strong middle class to send their children to schools to learn those skills, "They're not going to have a workforce that can compete for jobs in the 21st century."

The state, he said, is restricting worker's rights at the same time it's lowering investments in education, through evaluations that make it more difficult for teachers to do their jobs, less funding and other things that weaken the middle class.

"If Michigan wants to compete economically and get the better jobs, it should be interested in having more protections for workers, a higher quality of life, so that workers who work in a GM factory today can send their kids to school so they can be the technical innovators 10-20 years from now," Carlson said. "It's what upward mobility in the middle class should be about."

His vision for RTW, long term here, is that unions will have to cut their professional staff, reduce services, and balance the interest of workers in the pursuit of workplace protection and representation, versus legal and political advocacies.

Dissension between those factions in the workplace - those who pay union fees and those who don't - can also lead to problems, he said.

To those who advocate for RTW, Carlson says, "I hope they're right. But experience teaches us that's not the way reality works, unfortunately."

Published: Thu, Sep 5, 2013


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