Right to Work laws that allow employees to refrain from joining a union or paying union dues could be jeopardized over the long term, if the Employee Free Choice Act (also known as Card Check) were to become law, according to Rep. Eric Cantor (R-Va.).
Cantor’s concern is shared by other small business and free market advocates who view Card Check as a vehicle to accelerate unionization efforts in the 22 states that now have Right to Work laws including Virginia.
Card check proponents predict that union membership could grow by 1.5 million members every year over the next 10 to 15 years, as a result of the legislation.
Six Democratic senators reportedly have agreed to drop the Card Check component of the legislation in a compromise to attract moderate lawmakers. But the bill would retain a binding arbitration provision opposed by groups like the Workforce Fairness Institute (WFI) and National Right to Work (NRTW).
Even if the bill is passed in its current form, it would not impact Right to Work laws right away, but it could open the way to possible changes that come with higher rates of unionization, Cantor said.
“The spirit of the law, the letter of the law will not be impacted by this bill,” Cantor said. “But this bill could very well lead to further encroachments on the rights of workers and rights of business leaders. The traditions of right to work in this country and certainly in Virginia should always come first and I think we should be vigilant in defending that and I’m worried that the EFCA bill if passed could threaten its liability.”
Brett McMahon, vice-president of Miller and Long, a Maryland-based concrete construction company also anticipates new challenges emerging in Right to Work states if Card Check were to prevail.
“ Right to Work laws do not prevent the formation of unions in anyway whatsoever- union organizers just find RTW states are less cost effective,” he said. “Why go to the trouble and expense of a whole campaign when they will not be able to rake in dues from every employee? Good cash flows are not as readily available when they cannot collect initiation and monthly service fees because RTW laws mean some people do not have to pay them to earn a living.”
But, at the same time, he warned the unions would significantly increase their membership numbers under Card Check, giving them even more money to engage in political activities on behalf of candidates that will support the revocation of Section 14 (b) of the the Taft-Hartley Act which empowers individual states to pas RTW laws in the first place.
In fact, a bill has been introduced in this Congress to do just that, McMahon said.
