[IASHRM] Right to Work Bill Info

[Larry Herzog]

HF 324/SSB 1120 - The Wolf in Sheep's Clothing

HF 324 and SSB 1120 are identical bills.

 

HF 324/SSB1120 completely guts Iowa's Right to Work law.  While no actual
language is removed from our current law, the bill makes numerous
"exceptions" which make our Right to Work law meaningless. 

 

The bill allows for so-called "fair share" agreements in both public and
private sector employment by creating a new section in our RTW law (Chapter
731) and Iowa Code Chapter 20.  It requires employees, as a condition of
continued employment, to either join the union or pay a "fair share" fee.
The fees are termed "fair share" fees, but in reality they are nothing more
than full union dues.

 

Most problematic is the bill's failure to define "fair share".  While
supporters have been selling this as a way to recoup costs associated ONLY
with collective bargaining and grievances, the legislation is just the
opposite.  There are virtually no restrictions on what the union can charge.


 

Perhaps the most telling example of the true meaning of the legislation is
contained in the changes to public sector employees.  Non-members must
formally object to these fees before the "fair share" amount is even
calculated.  Only after this objection must the union deduct the portion of
the fee that is unrelated to collective bargaining.  The intent is clear -
non-members will be forced to pay for more than just collective bargaining
activities.

 

Private sector employees receive even less protection.  There is no limit to
what can be charged under the guise of "fair share".  The employer is
required to withhold the so-called "fair share" fee from the non-members
wages.  Employees are forced to pay up or quit.  Courts have ruled that
these exact provisions are the equivalent of being fired.  This is what is
commonly called a "union security agreement" - and Right to Work laws
specifically prohibit them.

 

Although the legislation treats public and private sector employees
differently, the result is still the same: Iowa will no longer be a Right to
Work state.

 

Supporters of the legislation are trying to dress it up and pretend it is
something its not.  Several times, the bill reads that employees shall not
be forced to join a union.  This is, of course, a straw man.  The US Supreme
Court has already ruled that a person cannot be forced to join a union.  

 

So, how do you have Right to Work laws and "fair share" fees at the same
time?  The answer, obviously, is that you can't.  

 

 

 

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