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“Right to Work?” Constitutional Amendment

Written on:May 3, 2016
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As noted by Allen Muchnick, a Virginia Constitutional Amendment entitled “Right to Work” should really be renamed as “Right to Fire.”  Here’s why from Ballotpedia:

Virginia currently has a right-to-work statute that bans employers from requiring union membership. Supporters seek to add right-to-work regulations to the Virginia Constitution to prevent future lawmakers from undoing the state’s current laws, according to media reports. Sen. Mark Obenshain (R-26) argued Attorney General Mark Herring(D) and future general assemblies could not be trusted to enforce right-to-work as a statute. Attorney general spokesman Michael Kelly responded that Herring has been consistent with the law, stating, “Everything he has done has been firmly grounded in the law, affirmed by courts and other authorities, and is in line with where Virginians are on the issues.” House Minority Leader David Toscano (D-57) argued the constitution should not be changed “willy-nilly.”[2][3]

 

What would the measure cost?

The Department of Planning and Budget determined there would be a one-time cost of $131,158 for providing public notice, which would be deducted from the general fund. Under state law, the State Board of Elections is required to prepare posters and pamphlets and run advertisements in newspapers to provide public notice about constitutional amendments on the ballot. The department found the amendment would not fiscally impact the Department of Labor and Industry.

Text of measure

Constitutional changes

See also: Article I, Virginia Constitution

The measure would add a Section 11-A to Article I of the Virginia Constitution. The following text would be added by the proposed measure’s approval:[1]

Section 11-A. Right to work.Any agreement or combination between any employer and any labor union or labor organization whereby nonmembers of the union or organization are denied the right to work for the 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 against public policy and constitutes an illegal combination or conspiracy and is void.[4]

In other words, workers have no rights!  It may look benign but the wording puts control of employees strictly into the hands of the employers by denying employees any power to negotiate salaries, working conditions, or benefits.  It is a ploy to support the business owners and line their pockets. It’s important that this Amendment is rejected because it ties the hands of any future legislators who understand that union membership is the only way for employees to engender power to succeed which helps families and the economy in general.  If this Amendment passes, employee earnings will be suppressed, benefits will be eliminated and working conditions will surely be degraded.  I suspect next that the GOP will want to eliminate OSHA.  It’s the world of Donald Trump.  This is just the kind of Constitution he would like for the U.S.