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House Committee on Education and the Workforce: Safeguarding Workers’ Rights and Liberties

House Committee on Education and the Workforce

Subcommittee on Health, Education, Labor, and Pensions

Safeguarding Workers’ Rights and Liberties

Thursday, November 30, 2023

 

Topline

  • Democrats voiced concerns that H.R. 1200 will ultimately hurt all workers by implementing a federal right-to-work law, which they all noted seeks to limit unionization efforts.
  • Republicans voiced concerns that American workers are being forced to join unions in states without a right-to-work law.

 

Witnesses

  • Mr. Mark Mix, President, National Right to Work Committee
  • Ms. Brunilda Vargas, Assistant Defender, Defender Association of Philadelphia
  • Mr. Jody Calemine, Director of Labor and Employment Policy, Century Foundation
  • Ms. Jeanette Geary, Retired Registered Nurse

Opening Statements

Subcommittee Chairman Bob Good (R-Va.)

In his opening statement, Good discussed right-to-work laws in states. He said that in 24 states, employees have two options, pay union dues, or be fired. Good said that this threat is a violation of Americans’ right to determine how they spend their hard-earned paychecks. He then noted that according to the Heritage foundation, 94% of union workers did not vote for their inherited union representation, meaning that only 6% have consented to the union which represents all workers. Good explained that he believes the 94% deserve a choice, and that most Americans agree that workers should be able to decide whether they want to join or leave a labor union. He also mentioned that right-to-work states have increased manufacturing employment, productivity, and personal income, noting that during the 40-year period between 1978 and 2017, employment in right-to-work states grew by 105% compared to just 49% in non-right-to-work states. Good said that the Democrats’ goal is to force everyone to join a union, by upending independent contractors’ livelihoods, overturning NLBR election precedents, and passing the Protecting the Right to Organize (PRO) Act. He closed by insisting unions enjoy monopolistic control over the workplace.

 

Subcommittee Ranking Member Mark DeSaulnier (D-Calif.)

In his opening statement, DeSaulnier noted that wealth inequality and the global pandemic have pushed working families to the brink. He said workers are increasingly turning to collective action to secure safer workplaces, livable wages, and increased opportunities for themselves, their families, and their communities. He explained that the corresponding rise in unionization has led to higher pay and better benefits for workers, including securing the highest wage increase in union contracts in over 30 years throughout the first nine months of 2023. DeSaulnier clarified that union victories are not just limited to unionized workplaces, and frequently result in wage increases in non-union workplaces as well, noting Toyota, Hyundai, and Hondas announced wage increases for non-unionized workers following the successful UAW strikes. DeSaulnier criticized right-to-work laws for silencing workers’ voices, driving wages down, and suppressing their economic wellbeing, also mentioning that workers in right-to-work states make less than their counterparts in non-right-to-work states. DeSaulnier then endorsed the PRO Act and encouraged his colleagues to support the bill to improve the lives of workers.

 

Testimony

Mr. Mark Mix, President, National Right to Work Committee

In his testimony, Mix defended H.R. 1200, the National Right-to-Work Act, and said the bill simply repeals provisions in the 1935 National Labor Relations Act that would allow for compulsory, forced unionism. He noted that nothing in this bill would stop Americans from unionizing at all and that the bill addresses a battle between workers and union officials. He explained that unions feel that if workers were given a choice on whether to financially support a labor union or not, they might leave which is the problem with forced unionism. Mix noted language in the UAW contracts that require workers remain union workers for the duration of the contract and would require non-union workers to become union members as a condition of employment. He criticized the compulsory nature of that kind of language in union contracts and said that the National Right-to-Work Act would do nothing to impede unionization. Mix closed by recognizing that the right to unionize is protected by federal law.

 

Ms. Brunilda Vargas, Assistant Defender, Defender Association of Philadelphia

In her testimony, Vargas spoke about her recent experience joining a newly created chapter of the United Auto Workers Union (UAW), known as Local Chapter 5502. She said she was surprised and disappointed by the amount of union dues she was asked to pay. After attempting to file a Beck objection to avoid joining the union and to pay reduced fees, Vargas said she was frustrated with the lack of a direct response to her questions and concerns. She explained her long fight with the UAW which included threats to her employment and compensation unless she did what she was told. Vargas suggested that most people sign union membership and authorization cards because they believe they have no choice, and noted that while she is a trained lawyer, it would be very difficult for someone not versed in the law to navigate the complexities she had to. She closed by encouraging lawmakers to support H.R. 1200.

 

Mr. Jody Calemine, Director of Labor and Employment Policy, Century Foundation

In his testimony, Calemine expressed his concerns about H.R. 1200, and said it is an attack on labor unions. He said the bill is designed to weaken unions which harms the economy and workers. He noted the recent rise in union membership numbers and explained that many workers are being left behind. Calemine explained that the minimum wage has not been raised since 2009, and said the US is the only country in the industrialized world that does not have a paid family leave program. Calemine touted union wins from this year including at the UAW, teamsters’ union, and airline pilots’ union. He recognized that union contracts don’t come for free but noted that they are beneficial for members and non-members. He explained that under the National Right to Work Act, workers would receive all the benefits of unions working for increased wages and benefits without having to brunt any of the cost. Calemine said that unions are the most effective private sector solution for combating poverty and income inequality, ensuring access to health care and retirement security, and all the other things that make for a decent job in this country. He closed by encouraging support for the PRO Act.

 

Ms. Jeanette Geary, Retired Registered Nurse

In her testimony, Geary said she used to be a supporter and member of the United Nurses and Allied Professionals (UNAP). Like Vargas, she became upset with her union, and said she noticed UNAP representatives and officers were allowed to freely roam the hospital and push the union’s political and social agenda, which she noted was not the nurses’ agenda. She explained that after she learned of her rights, which she felt the UNAP had no incentive to explain to her or other nurses, she became a non-member of UNAP and invoked her Beck rights. Geary said that even when she became a non-member, the union refused to acknowledge her, belittled her, and refused to provide any audited financial disclosure about what it did with her compulsory dues. She then entered a 12-year legal battle to secure the proper dues reduction she was owed and said the Beck objection system is clearly broken evidenced by her story. She closed by encouraging support for the National Right to Work Act and said that all unions should be voluntary.

 

Question & Answer

Politicization of Unions

Rep. Aaron Bean (R-Fla.) asked Geary if her union used her funds for lobbying and political reasons. Geary agreed saying she felt that she and other nurses were deceived by the union and noted that she sued and won her case against the union. She also emphasized that choice in joining a union is important.

 

Rep. Jim Banks (R-Ind.) asked Mix why unions have become so “woke” and asked about the disconnect between the political beliefs being pushed by union officials and the political beliefs of union members. Mix said that it’s because those in power at unions have the power to push their “woke” ideology and said that currently it is difficult for union members to hold their officials accountable, but that H.R. 1200 would make unions voluntary and therefore easier for union members to hold their officials accountable.

 

Ranking Member Bobby Scott (D-Va.) asked how union members hold their officials accountable. Calemine explained the unions are democratic organizations where union officers, shop stewards, and contracts are voted on by members.

 

Right-to-Work States and Company Relocations

Rep. Joe Wilson (R-S.C.) asked Mix what his experience has been with companies willing to relocate into right-to-work states. Mix said right-to-work laws are a key factor in a company’s decision on where to do business and noted that site selection consultants say that nearly 75% of companies will use the lack of a right-to-work law as an initial kickout in decision-making on where to expand and invest. He also said union officials are not as eager to organize in right-to-work states where the revenue stream is not guaranteed after they win a certification election, refocusing their efforts on other states.

 

Rep. Rick Allen (R-Ga.) asked Mix why companies are wanting to move to right-to-work states to hire great workers and train them. Mix said the businesses who are looking to expand and invest consider right-to-work as a primary issue when looking to locate. Allen followed up and asked what Congress can pass to help American workers. Mix said that the National Labor Relations Act should be looked at and that the federal government should let the states compete for workers, jobs, and investment by allowing states to incorporate their own ideas in the law as opposed to having them be preempted by federal law.

 

Rep. Erin Houchin (R-Ind.) asked Mix why companies highly value states with the right-to-work laws. Mix said that 50% of manufacturing companies say they wouldn’t locate to states without right-to-work laws. He also said that right-to-work laws allow employers to talk directly to their employees.

 

Houchin then asked if workers in right-to-work states paid less than states without these laws. Mix said no and clarified that the cost-of-living in right-to-work states is lower which allows workers to have at least $3,000 more in disposable income than workers in non-right-to-work.

 

Rep. Eric Burlison (R-Mo.) asked Mix if states that do not have a right-to-work law are losing workers to states they border with them. Mix said that is true and that a good example is Oklahoma which instituted a right-to-work law in part because of a worker drain they were experiencing.

 

H.R. 1200, the National Right to Work Act

Rep. Joe Courtney (D-Conn.) said that 70% of Americans currently support labor unions and that this bill would only hurt labor unions. He then asked Calemine to talk about what this misalignment would mean for workers and the economy. Calemine said the right-to-work is designed to reduce the unionization rate in any state and said if the unionization rate is reduced, workers won’t make as much money or have as much access to health care. He also said that right-to-work laws are decidedly pro-business and do not benefit workers.

 

Bean asked Mix if this bill is simply about allowing workers to have a choice of whether to join a union or not. Mix agreed and said the bill would not bar anyone from joining unions, nor would it force anyone to join a union.

 

Rep. Jahana Hayes (D-Conn.) asked Calemine to explain how this proposed H.R. 1200 may hurt workers who have chosen not to organize in their workplace. Calemine said the bill is designed to weaken the unionization rate and said that workers at union facilities will lose leverage and not get higher wages or better benefits that they may have otherwise received over time. He also said labor laws need to be reformed to help workers.

 

 

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