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What I've Been Reading This Week: Right to Work Edition


Given the continued attention that Governor Bruce Rauner's veto has received in Illinois (regarding attempts by Democrats in the state to stymie right to work zones), I thought it would be appropriate to dedicate this post to that very topic.  Not only has there been a second attempt by Democrats to override the Governor's veto earlier this week, but there are developments nationwide in regard to other right to work laws (and a pending case before the United States Supreme Court).

As always, below are a couple articles that caught my eye this week.


Wisconsin Court of Appeals Upholds State's Right to Work Law

A few months ago, readers might have recalled hearing that the Wisconsin Court of Appeals upheld the state's right to work law in the International Assoc. of Machinists District 10 and its Local Lodge 1061 v. State of Wisconsin case.  Ryan Wiesner at The National Law Review provides a good overview of the court's opinion and how this decision continues a nationwide trend of courts upholding similar right to work laws.  For Wisconsin Governor Scott Walker, who has made pro-employer and anti-union legislation a major part of his administration, this is a major victory for him and Republicans in the state.


Illinois Governor Holds Off Ban on Right to Work Zones...Again

A week or so ago, I noted that the Illinois House fell one vote short of overriding Illinois Governor Bruce Rauner's veto of legislation that would have prevented local governments in the state from establishing right to work zones.  Governor Rauner, a Republican, has long pushed for right to work zones in the state, much to the chagrin and strong resistance by Democrats.  The bill sent to his desk by Democrats would have prevented local governments from setting up right to work zones.  While Governor Rauner's veto survived a few weeks ago, it was largely predicted Democrats would regroup and try to override the veto again.  Interesting enough, Democrats tried to do so again quickly...this past Tuesday in fact.  However, Democrats again fell one vote short of overriding the Governor's veto, by a 70 - 39 vote.  (Democrats need 71 votes to override the veto.)  For the time being, Governor Rauner lives to fight another day while Democrats are forced to scramble and find that all important 71st vote...


Right to Work Laws Become More Prevalent in Blue States

Patrick Gleason has a good article that examines how right to work laws are becoming more commonplace in traditionally blue states.  While several blue states (and traditionally labor friendly) have managed to pass right to work laws (such as Michigan and Wisconsin) in recent years, right to work laws on the local level have become a reality in some states where this legislation was considered nothing more than a pipe dream only a few years ago.  Of note, counties in New Mexico and Delaware have started to adopt right to work legislation as a statewide law would likely not pass yet.  As noted above, Illinois Governor Bruce Rauner has consistently fought to allow local governments to create right to work zones (given that a Democratic leaning state like Illinois is unlikely to pass a statewide right to work zone).  For supporters of right to work laws, these are small but meaningful "victories" that could eventually result in even more blue states eventually adopting right to work legislation.


With the Supreme Court's Ruling in Janus v. AFSCME Upcoming, Unions Brace For Impact

Currently, the United States Supreme Court has a case pending before it, Janus v. AFSCME, in which it is widely expected that the public sector will become right to work after the Court issues its ruling in the coming months.  If (or more likely when) that decision is issued, unions in the twenty three states that have rejected right to work laws will be prohibited from collecting agency fees from workers that they represent but choose not to join the union.  Samantha Winslow wrote an insightful article that addresses how unions are coping (or at least planning) for this inevitable reality.

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