North Carolina Right to Work Amendment (2018)

North Carolina Right to Work Amendment
Election date November 6, 2018
Topic Labor and unions
Status Not on the ballot
Type Constitutional amendment	Origin State legislature
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The North Carolina Right to Work Amendment was not on the ballot in North Carolina as a legislatively referred constitutional amendment on November 6, 2018.

The measure would have established a constitutional mandate that no employee can be forced to join, or not join, a labor organization, or be forced to pay dues to a labor organization as a condition of employment. The measure would have defined labor organization as "any trade union, labor union, or other labor association."

This type of legislation is often referred to as a right-to-work law. As of 2018, North Carolina had a right-to-work statute, which was enacted in 1947. This measure was a right-to-work constitutional amendment.

Text of measure

Ballot title

The ballot title would have been as follows:

“

[   ] For [   ] Against Constitutional amendment to provide that the right to live includes the right to work and therefore the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor organization.

”

Constitutional changes

See also: Article I, North Carolina Constitution

The measure would have added a Section 38 to Article I of the North Carolina Constitution. The following text would have been added: Note: Hover over the text and scroll to see the full text.

Sec. 38. Right to Work.

(1) The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in a labor organization.

(2) No person shall be required by an employer to become or remain a member of a labor organization as a condition of employment or continuation of employment with the employer.

(3) No person shall be required by an employer to abstain or refrain from membership in any labor organization as a condition of employment or continued employment.

(4) No employer shall require any person, as a condition of employment or continued employment, to pay to a labor organization any dues, fees, or other charges of any kind.

(5) This section does not apply to any lawful contract in force on the effective date but shall apply in all respects to contracts entered into thereafter and to any renewal or extension of any existing contract.

(6) The term "labor organization" as used in this section means any trade union, labor union, or other labor association."

Support

Supporters

The following elected officials sponsored the amendment in the state legislature:

• Rep. Bob Steinburg (R-1)
• Rep. James Dixon (R-4)
• Rep. Beverly Boswell (R-6)
• Rep. George Cleveland (R-14)
• Rep. Chris Millis (R-16)
• Rep. Frank Iler (R-17)
• Rep. Holly Grange (R-20)
• Rep. John Blust (R-62)
• Rep. Bert Jones (R-65)
• Rep. Justin Burr (R-67)
• Rep. Debra Conrad (R-74)
• Rep. Carl Ford (R-76)
• Rep. Larry Pittman (R-82)
• Rep. Destin Hall (R-87)
• Rep. Kyle Hall (R-91)
• Rep. Michele Presnell (R-118)

Arguments

• Rep. Justin Burr (R-67), one of the amendment's legislative sponsors, said, "No man or woman should be forced to join a labor union when they seek out employment. Workers should have a choice, and I support the rights of those individual workers."

Opposition

Arguments

• Rep. Duane Hall (D-11) stated, "North Carolina has had a right to work law for more than 70 years, and neither party has made a serious attempt to change that. I don’t want North Carolina’s constitution to look like California’s, which is convoluted and confusing."
• The North Carolina State AFL-CIO stated, "It is ironic that Republicans who promote small government and rail against unnecessary laws are pushing a pointless and costly constitutional amendment to enshrine a 70-year old so-called ‘right to work’ law in our state’s constitution. House Bill 819 is not about protecting the rights of working people. It is about trying to drive out Republican voters in a critical election year."

Background

Right-to-work in other states

See also: Right-to-work state laws

As of July 2018, 27 states had right-to-work laws in place. The majority of right-to-work laws were passed by states between 1944 and 1958, although some were passed after 2010.

History of right-to-work ballot measures

The following table features right-to-work ballot measures that appeared on statewide ballots between 1944 and 2018. Of the 28 measures, 12 were approved, and 16 were defeated.

History of right-to-work on the ballot
State	Year	Measure	Type	Result
Arkansas	1944	Amendment 35	Constitutional	a
California	1944	Proposition 12	Constitutional	d
Florida	1944	Amendment 5	Constitutional	d
Arizona	1946	Proposition 4	Constitutional	a
Nebraska	1946	Amendment 1	Constitutional	a
South Dakota	1946	Proposed Amendment	Constitutional	a
Arizona	1948	Proposition 4	Statute (Referendum)	a (Upheld)
Maine	1948	Barlow/Tabb Statutes	Statute	d
Massachusetts	1948	Question 5	Statute	d
New Mexico	1948	Amendment 3	Constitutional	d
North Dakota	1948	Referendum 2	Statute	a
Nevada	1952	Question 1	Statute	a
Washington	1956	Initiative 198	Statute	d
California	1958	Proposition 18	Constitutional	d
Colorado	1958	Measure 5	Constitutional	d
Idaho	1958	Initiative 1	Statute	d
Kansas	1958	Amendment 3	Constitutional	a
Ohio	1958	Amendment 2	Constitutional	d
Washington	1958	Initiative 202	Statute	d
Mississippi	1960	Proposed Amendment	Constitutional	a
Oklahoma	1964	State Question 409	Constitutional	d
Missouri	1978	Amendment 23	Constitutional	d
Idaho	1986	Referendum 1	Statute (Referendum)	a (Upheld)
Oklahoma	2001	State Question 695	Constitutional	a
Colorado	2008	Initiative 47	Constitutional	d
Alabama	2016	Amendment 8	Constitutional	a
Virginia	2016	Question 1	Constitutional	d
Missouri	2018	Proposition A	Statute (Referendum)	d (Repealed)

Arguments for and against right-to-work

Both supporters and opponents of right-to-work laws make philosophical, economic, and political arguments. The following table contains a selection of arguments from both sides:

Debate surrounding right-to-work (RTW) laws
Argument	Support	Opposition
Philosophical	•NRWF: RTW is about individual freedom. Workers should be allowed to decide whether to provide a labor union with financial support and represent themselves as individuals in relationships with their employers. •Seventh-Day Adventist Church: Workers should not be required to contribution to labor unions that utilize methods that compromise the individual’s conscience. Workers lose free will in the workplace due to forced payments to unions.	•John Stowe, Roman Catholic Bishop of the Diocese of Lexington, KY: RTW violates the principle of the common good. Workers should be required to contribute dues to labor unions that negotiate for the common good of a workplace’s employees. •Utility Workers Union of America: RTW creates a free-rider problem. Some workers discontinue paying their fair share, while everyone, including non-paying workers, reaps the benefits, creating division among workers.
Economic	•The Heritage Foundation: RTW laws make labor unions less aggressive, encouraging domestic and foreign business investment. •U.S. Chamber of Commerce: RTW helps increase the production output of businesses, which translates to higher incomes for workers.	•Economic Policy Institute: RTW lowers wages and benefits for workers and reduces consumer demand, weaking the middle class. •SEIU Local 521: RTW tilts the balance of power toward bosses in the workplace, making workplaces less safe for workers.
Political	•National Right to Work Legal Defense: Unions are responsible for the tax-and-spend policies of the federal government. Unions collect billions each year from dues. Workers should get to decide whether to contribute to unions.	•CAP: RTW weakens workers' voices in the federal and state governments and decreases voter turnout. •AFL-CIO: RTW tilts the balance of power toward big corporations in politics. Unions provide a counterforce to corporations in politics.

Taft-Hartley Act

See also: Taft-Hartley Act

Congress passed the Taft-Hartley Act in 1947, which allowed individual states to enact right-to-work laws. Between 1935 and 1947, the National Labor Relations Act (NLRA), also known as the Wagner Act, permitted collective bargaining agreements in all states between employers and unions that required all employees at a workplace to pay dues to the union. These agreements were known as union security agreements. As of 2018, the NLRA continues to permit union security agreements, although the Taft-Hartley Act allows states to forbid union security agreements via right-to-work laws. President Harry S. Truman (D) vetoed the Taft-Hartley Act, but the House of Representatives and Senate overrode his veto.

In NLRB v. General Motors Corporation of 1967, the Supreme Court ruled that an employee cannot be required to join a labor union by a union security agreement, but can be required to pay dues to the union representing the employee's workplace for collective bargaining costs.

North Carolina's right-to-work statute

North Carolina enacted a right-to-work statute in 1947. As of 2018, all but one of the seven sections making up the statue had remained the unchanged since 1947. The statute was as follows:

Article 10. Declaration of Policy as to Labor Organizations. § 95-78. Declaration of public policy. The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association. (1947, c. 328, s. 1.) § 95-79. Certain agreements declared illegal. (a) Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against the public policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of North Carolina. (b) Any provision that directly or indirectly conditions the purchase of agricultural products or the terms of an agreement for the purchase of agricultural products upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization is invalid and unenforceable as against public policy in restraint of trade or commerce in the State of North Carolina. For purposes of this subsection, the term "agricultural producer" means any producer engaged in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121. (1947, c. 328, s. 2; 2013-413, s. 15.) § 95-80. Membership in labor organization as condition of employment prohibited. No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer. (1947, c. 328, s. 3.) § 95-81. Nonmembership as condition of employment prohibited. No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. (1947, c. 328, s. 4.) § 95-82. Payment of dues as condition of employment prohibited. No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization. (1947, c. 328, s. 5.) § 95-83. Recovery of damages by persons denied employment. Any person who may be denied employment or be deprived of continuation of his employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation, or association acting in concert with him by appropriate action in the courts of this State such damages as he may have sustained by reason of such denial or deprivation of employment. (1947, c. 328, s. 6.) § 95-84. Application of Article. The provisions of this Article shall not apply to any lawful contract in force on the effective date hereof but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of any existing contract. (1947, c. 328, s. 7.)

Path to the ballot

See also: Amending the North Carolina Constitution

In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.

The amendment was introduced into the legislature as House Bill 819 on April 11, 2017. The North Carolina House of Representatives approved the amendment, 75 to 44 with one member not voting, on April 25, 2017. All 74 Republicans in the House voted for the amendment. Of the House's 46 Democrats, 44 voted against, one voted to pass, and one did not vote. Rep. William Brisson (D-22) was the sole Democrat to vote in favor of the amendment.

Republicans held 70 percent (35 of 50) of the seats in the North Carolina Senate. The amendment never came up for a vote in the state Senate.

House vote

April 25, 2017

North Carolina HB 819 House Vote
Result		Votes	Percentage
a Yes		75	63.03%
No		44	36.97%

Partisan breakdown of House votes
Party Affiliation	Yes	No	Excused	Total
Democrat	1	44	1	46
Republican	74	0	0	74
Total	75	44	1	120

See also

Suggest a link

• 2018 ballot measures
• North Carolina 2018 ballot measures
• North Carolina Legislature
• Right-to-work laws
• Conflicts between Gov. Roy Cooper and the General Assembly of North Carolina

External links

• House Bill 819