Pros, cons and facts on Proposition A

On August 7, Missouri voters will go to the polls. Besides voting on primary candidates for various offices there will also be a ballot measure known as Proposition A.

After years of political wrangling in Jefferson City, this will give Missourians the chance to vote on a measure which some say could have lasting effects upon Missouri’s labor unions and others say could encourage businesses to come to the Show-Me state.

“This is actually about whether to repeal a law enacted by the legislature last year and signed by Governor Greitens,” explained Vernon County Clerk Mike Buehler.

First a bit about what the language which will appear on the ballot, what a yes or no vote means, some pros and cons about the measure and a bit of history.

“Do the people of the state of Missouri want to adopt Senate Bill 19 (“Right-to-Work”) as passed by the general assembly in 2017, which prohibits as a condition of employment the forced membership in a labor organization (union) or forced payments of dues in full or pro-rata (fair-share); make any activity which violates employees’ rights illegal and ineffective; allow legal remedies for anyone injured as a result of another person violating or threatening to violate employees’ rights; and which shall not apply to union agreements entered into before the effective date of Senate Bill 19?”

A “yes” vote is a vote for “right-to-work.” A “yes” vote upholds the contested legislation, Senate Bill 19, which would enact a right-to work-law which mandates no person can be required to join a labor union or pay dues to a labor union as a condition of employment.

A “no” vote is a vote against the ban on mandatory union dues. A “no” vote overturns the contested legislation, Senate Bill 19, which would enact a right-to-work law to mandate that no person can be required to join a labor union or pay dues to a labor union as a condition of employment.

Since 1914 – the year Missourians voted on whether to grant suffrage (right-to-vote) to women – this will be the 27th time in state history voters will decide whether to repeal a state law.

As of December 2017, 27 states had right-to-work laws in place. The majority of such laws were passed by states between 1944 and 1958, although some were passed after 2010. Missouri would be the 28th state if right-to-work is enacted.

Data by economists B.T. Hirsch and David Macpherson, along with Urban Institute senior researcher Wayne Vroman shows that in 1976, non-agricultural union membership was estimated at 23.4 percent in Missouri. In 2017, union membership was estimated at 8.7 percent in Missouri, a decrease of 62.8 percent from 41 years earlier.

At its simplest, right to work means unions can represent workers, but employees can opt out of paying union dues.

Critics of what is commonly referred to as right-to-work say the law would cripple unions by allowing employees to opt out of paying dues while still benefiting from the union’s efforts.

Proponents of right-to-work point out how union dues are the single largest source of dollars used to fund their political activities. In addition, proponents say this will attract businesses to Missouri and help grow the state’s economy.

In the Missouri General Assembly, with several notable exceptions, “right-to-work” legislation has been viewed along a partisan divide: Republicans generally support it and Democrats tend to oppose it.

The June 27 U.S. Supreme Court ruling in the case of Janus v. AFSCME (American Federation of State, County and Municipal Employees) forbids all American public-sector unions from requiring union dues. Proposition A (which would not apply to federal workers) would go further by applying similar restrictions to private-sector unions and workers.

Following the lead of groups in other states, Grand Old Party legislators have tried to advance such legislation for years but had been repeatedly vetoed by Democratic Governor Jay Nixon.

After the 2016 election of Eric Greitens, lawmakers wasted no time in sending the GOP governor their bill. Known as Missouri Senate Bill 19, it was signed on Feb. 6, 2017 in Springfield and was supposed to take effect Aug. 28, 2017.

However, labor organizations and union supporters collected thousands of signatures for a ballot initiative which would veto the new law; the signatures were delivered to Jefferson City in mid-August, 2017 and this has put the law in limbo, pending the outcome of Missouri voters on Aug. 7.

Originally, what is nown as Proposition A was slated for the November 2018 ballot but the majority in each house in the General Assembly thought it best to move this to the August primary.

Commented Buehler, “Some people have speculated this was a move to depress the vote by supporters of Senator McCaskill in November but people seem to ignore one important fact.”

The county clerk was referring to the historical reality that in Missouri, more than 90 percent of referendum votes on specific legislation have been rejected.

One final item of note related to this ballot measure is the significant amounts of money being raised and spent on both sides.

As of July 4, the combined total raised for and against Proposition A was $7.29 million.

To date there are three campaign committees advocating for a “Yes” vote and they include Missourians for Worker Freedom, Liberty Alliance and Freedom to Work. Together, these PACs had raised $3.1 million with to-date expenditures totaling $2.0 million.

The single campaign committee advocating for a “No” vote on Proposition A is called, We Are Missouri, which has raised $6.92 million and as of July 4 reported expenditures totaling $1.81 million.

The largest donors for the negative side have been the Missouri American Federation of Labor-Congress of Industrial Workers General Fund ($1.37 million), the United Brotherhood of Carpenters and Joiners of America ($750,000) and the Committee to Protect Missouri Families ($700,000).

The largest donors for the “Yes” vote on Proposition A are a bundle of contributions under the heading, A New Missouri ($1.5 million) and Richard Uihlein ($600,000).

According to filings with the Federal Election Commission, Mr. Uihlein, owner of Uline shipping supplies company, is also a significant donor to Missouri Attorney General Josh Hawley’s campaign to unseat Missouri incumbent Senator Claire McCaskill.