Alabama Right to Work, Amendment 8 (2016)
| Alabama Amendment 8 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Labor and unions | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
The Alabama Right to Work Amendment, also known as Amendment 8, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016.[1] It was approved.
| A "yes" vote supported this proposal to add the "right to work"--a law prohibiting businesses from making rules about union membership--to the Alabama Constitution in addition to the statutes providing for the state's "right to work" policies. |
| A "no" vote opposed this proposal to add the state's "right to work" policies to the constitution and, thus, make them harder to change in the future. |
Election results
| Amendment 8 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 1,119,034 | 69.61% | |||
| No | 488,515 | 30.39% | ||
- Election results from Alabama Secretary of State
Overview
Alabama was already a right-to-work state, and Amendment 8 enshrined it in the Alabama Constitution. Right-to-work laws create a "right to work" for an employee regardless of whether or not that employee joins a union. These laws guarantee that no employee can be forced to join, or not join, a union, or be forced to pay dues to a labor union as a condition of employment. Right-to-work laws also prohibit labor unions and employers from entering into contracts that only employ unionized workers for the jobs under the contract.[2][3]
Amendment 8 constitutionally prohibited employers from forcing their employees to gain union membership or, on the other hand, to renounce union membership. This meant that employees would not be forced to pay dues, fees, or other charges to a labor union to be represented, even if the employee was not officially a member in a union. Amendment 8 stipulated that this law would not apply to contracts already in force by November 8, 2016.
Text of measure
Ballot title
The official ballot title was as follows:[1]
| “ |
Proposing an amendment to the Constitution of Alabama of 1901, to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or place conditions on prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employees to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.[4] |
” |
Amendment language
The following amendment to the Alabama Constitution was proposed:[1]
| “ | (a) It is hereby declared to be the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization. (b) An agreement or combination between an employer and labor union or labor organization which provides that a person who is not a member of the union or organization shall be denied the right to work for the employer, or where membership in the union or organization is made a condition of employment or continuation of employment by the employer, or where the union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy. |
” |
Full text
The full text of the measure can be found here.
Support
Supporters
Rep. Arnold Mooney (R-43) sponsored Amendment 8 in the Alabama House of Representatives.
Arguments in favor
Sen. Gerald Dial (R-13) said,[5]
| “ | Let me tell you, it sends a strong message, it sends a strong message not only to people in America, but people all over the world that's looking to locate to Alabama looking to bring and invest their money in Alabama that we're going to be a right to work state from now on into the future and I think it gives them the assurance that we will be."[4] | ” |
William J. Canary, president and CEO of the Business Council of Alabama, said,[6]
| “ | [The measure was] designed to ensure that union and non-union workers and businesses may peacefully coexist in a calm workplace environment, which will help grow new investments, new jobs, and new opportunities.[4] | ” |
Opposition
Opponents
- Our Revolution[7]
- Alabama AFL-CIO[8]
Arguments against
Neal Elders, president of Transportation Union Local 622, said,[9]
| “ | I would like the committee to just ask itself, what’s to be gained? ... We already have right to work. ... We know it’s not going away.[4] | ” |
Media editorials
Support
Ballotpedia has not yet found any editorial board endorsements in support of Amendment 8. If you know of one, please email editor@ballotpedia.org.
Opposition
- The Times Daily recommended a "no" vote for Amendment 8, and wrote the following:[10]
| “ |
Amendment 8 does not change state law, it enshrines it in the Constitution. The current right-to-work laws could be repealed with a mere legislative majority. Under Amendment 8, right-to-work laws could only be repealed with a three-fifths vote of each chamber of the Legislature, and a statewide vote. The amendment is unnecessary, as there is no public or legislative interest in repealing right-to-work laws. It also restricts future lawmakers from dealing with changed economic conditions. We recommend a “no” vote on Amendment 8.[4] |
” |
Background
- See also: Right-to-work laws
How do right-to-work laws work?
The main priority of right-to-work laws is to protect the right of every employee to work regardless of their membership, or non-membership, in a labor union or their payment, or non-payment, of dues to a union. Under federal law provided by the Taft-Hartley Act, all workers have a right to not belong to a union and to be provided with the benefits of union membership, such as collective bargaining, even if a worker is not a union member. However, in order to offset costs, the Taft-Hartley Act requires non-members to pay agency fees, which are a portion of union dues that are used only for providing services to employees, rather than full dues, which support the political activities of a union as well. State right-to-work laws exist due to a loophole in the Taft-Hartley Act that allows states to eliminate agency fees for non-union members. Therefore, states that have their own right-to-work laws allow all employees to receive the benefits of union membership without having to pay any dues or fees for those services and protections. In addition, non-member workers who are represented by a union for a legal issue, such as a wrongful termination lawsuit, have the right to sue the union if a non-member feels that the union failed to represent them to its fullest ability.[2][3][11]
Noteworthy events
Right-to-work laws have been a controversial topic from the beginning. Opponents view them as anti-union and conducive to a "free-loader" system where employees can take advantage of union benefits without having to pay union dues. Those who support right-to-work laws say they are crucial to protecting workers' rights and to creating a business-friendly atmosphere. In recent years, right-to-work measures and legislation have led to protests by union supporters and massive campaign expenditures. In Indiana, legislation was quickly pushed through in order to avoid protests at the Super Bowl in 2012, and union supporters rallied together to raise nearly $30 million in opposition to a right-to-work measure in Ohio in 2011.[2]
Which states had right-to-work laws?
- As of 2015, eight states had right-to-work constitutional amendments (Arizona, Arkansas, Florida, Kansas, Mississippi, Nebraska, Oklahoma and South Dakota).
- As of 2015, 17 states had right-to-work state statutes (Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Michigan, Nevada, North Carolina, North Dakota, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming).
- Other states, including Ohio, Oregon, South Dakota, Virginia, and West Virginia, either had legislation in the works going into 2016 or had lawmakers who had publicly stated their interest in advancing right-to-work laws while in office.
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
As of February 1, 2017, no ballot question committees were registered to support or oppose Amendment 8.[12]
Path to the ballot
- See also: Amending the Alabama Constitution
According to Article 18 of the Alabama Constitution, both houses of the Alabama State Legislature were required to pass the bill by a three-fifths or 60-percent vote in order to send it to the statewide election ballot. If the amendment is approved by a simple majority of the electorate, it becomes part of the constitution.
The amendment, titled House Bill 30 (HB 37) in the Alabama Legislature, was introduced by Rep. Arnold Mooney (R-43) on February 11, 2016. On February 17, 2016, the Alabama House of Representatives approved HB 37. The Alabama Senate passed the bill on March 17, 2016.[13]
House vote
February 17, 2016, House vote
| Alabama HB 37 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 69 | 67.65% | |||
| No | 33 | 32.35% | ||
Senate vote
March 17, 2016, Senate vote
| Alabama HB 37 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 25 | 73.53% | |||
| No | 9 | 26.47% | ||
Related measures
| Labor and unions measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| South Dakota | South Dakota Right for Organizations to Charge Fees for Services, Initiated Measure 23 |
| Virginia | Virginia "Right to Work" Amendment |
| Washington | Washington Increased Penalties for Crimes Against Vulnerable Individuals, Initiative 1501 |
Recent news
The link below is to the most recent stories in a Google news search for the terms Alabama Right to Work Amendment 8. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Alabama Legislature, "HB 37," accessed March 19, 2016
- ↑ 2.0 2.1 2.2 National Right to Work Legal Defense Foundation, "Right to Work Frequently Asked Questions," accessed October 23, 2015
- ↑ 3.0 3.1 Workplace Fairness, "Right to Work Laws," accessed December 30, 2015
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ WBRC.com, "Right-to-work amendment coming to November ballot in AL," March 17, 2016
- ↑ Yellow Hammer News, "Right-to-Work amendment would protect Alabama jobs from union coercion (Opinion)," February 25, 2016
- ↑ Our Revolution, "Ballot Initiatives," accessed October 4, 2016
- ↑ Alabama AFL-CIO, "The constitution "is the most amended in the world." Enough already!!" October 5, 2016
- ↑ Times Daily, "Union leader questions need for Alabama right-to-work amendment," February 3, 2016
- ↑ Times Daily, "Vote ‘no’ on Amendment 8, ‘yes’ on 11," November 3, 2016
- ↑ Forbes, "'Right-to-Work' Laws Explained, Debunked And Demystified," December 11, 2012
- ↑ Alabama Electronic Fair Campaign Practices Act (FCPA) Reporting System, "Political Action Committee Search," accessed October 27, 2016
- ↑ Open States, "HB 37," accessed March 19, 2016
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