Ethical Society MidRivers

Adult Learning Forum on

Missouri Proposition A

Stephanie Stone
Leader: ESMR Adult Learning Committee
http://www.ethicalsocietymr.org/
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 Outline
• Why Missouri Proposition A (MO Prop A) for the Ethical Society MidRivers
(ESMR) Adult Learning Forum
• MO Prop A Forum intent
• Basics about MO Prop A
• Missouri’s right-to-work legislation (Senate Bill 19)
• Other right to work states
• Right to work history
• Advertisement claims research
• For MO Prop A
• Against MO Prop A
• MO Prop A and recent US Supreme Court Ruling
• Should I vote for or against MO Prop A
• Open discussion
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 Why MO Prop A for ESMR Adult Learning Forum
• The results may have a long-term impact on the state, given approval
or not.
• Voting, as well as being a well-informed, well-reasoned voter, is part
of living ethically.

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 MO Prop A Forum Intent
• Not to decide for you how to vote.
• Is to provide as much factual information as possible to assist you in
being an informed voter.

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 Basics About MO Prop A
• When do I vote on MO Prop A.
• Tuesday, August 7, between 6am and 7pm.
• At your designated polling place (to find polling place go to www.vote411.org).
• What is MO Prop A.
• A veto referendum on the contested right-to-work legislation, Senate Bill (SB) 19, voted into law on February 6, 2017.
• A “yes” vote will uphold the right-to-work law; a “no” vote will overturn the law.

• Why is there a Proposition A - Opponents of the right-to-work law collected signatures to get the legislation placed
on the ballot as a veto referendum.

• What does Proposition A actually say:

• A “yes” vote will adopt Senate Bill 19 ("right-to-work"), passed by the general assembly in 2017. If adopted, Senate Bill 19
will amend Missouri law to prohibit, as a condition of employment, forced membership in a labor organization (union) or
forced payments of dues or fees, in full or pro-rata ("fair-share"), to a union. Senate Bill 19 will also make any activity which
violates employees' rights provided by the bill illegal and ineffective and allow legal remedies for anyone injured as a result
of another person violating or threatening to violate those employees' rights. Senate Bill 19 will not apply to union
agreements entered into before the effective date of Senate Bill 19, unless those agreements are amended or renewed after
the effective date of Senate Bill 19.
• A “no” vote will reject Senate Bill 19 ("right-to-work"), and will result in Senate Bill 19 not becoming Missouri law.
• If passed, this measure will have no impact on taxes.

Source: Primarily https://ballotpedia.org/Missouri_Proposition_A,_Right_to_Work_Referendum_(August_2018). 5

 MO Right to Work Legislation
Senate Bill No. 19
• What does the MO right to work legislation actually say – see source
document for the full language, but key things are:
• No person shall be required as a condition or continuation of
employment to:
• Become, remain, or refrain from becoming a member of a labor organization.
• Pay any dues, fees, assessments, or other similar charges, however
denominated, of any kind or amount to a labor organization.
• Bottom line - employees in unionized workplaces are covered by the
union contract, but under no obligation to pay dues for this coverage.

Source: http://www.senate.mo.gov/17info/pdf-bill/tat/SB19.pdf 6
Other Right-to-Work States

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 Right to Work History
• Prior to Taft Hartley Act (1947) unionized businesses could require all
employees be part of the union = “closed shops”.
• Taft Hartley Act deemed “closed shops” illegal.
• Individual states could pass laws prohibiting unionized businesses from collecting
dues from non-union member employees.
• U.S. Supreme Court case Communications Workers of America v. Beck
(1988).
• Unions have the right to require dues that cover representation and overhead costs
(agency or fair share fees).
• Workers in a unionized workplace cannot be forced to fund political activities if they
are nonmembers.
• Right to work states do not require nonmembers to pay agency or fair
share fees.

Source: Primarily https://www.stltoday.com/news/local/govt-and-politics/right-to-work-here-s-what-you-need-to-know/article_59b15bbe-2096-5c85-81c2-0e957da5c5be.html

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 Common Pro-MO Prop A Advertisement
Claims and Research Results
• Keeps union leaders accountable to support employees and how the dues are spent.
• Referenced source: http://www.insidesources.com/unions-spend-big-2016-election/. This is an article with
references on data collected and reported by the National Institute for Labor Relations Research and Bureau
of Labor Statistics.
• Department of Labor, Labor-Management Reporting and Disclosure Act (1959) requires unions to file a yearly
financial disclosure report.
• Exact text from the Act, “To provide for the reporting and disclosure of certain financial transactions and
administrative practices of labor organizations and employers, to prevent abuses in the administration of
trusteeships by labor organizations, to provide standards with respect to the election of officers of labor
organizations, and for other purposes.”1
• Brings more companies/jobs to the state.
• No referenced source.
• See chart 11 and 12.
• Protects workers’ freedom
• No referenced source.
• “No person shall be required as a condition or continuation of employment to: (1) Become, remain, or refrain
from becoming a member of a labor organization; (2) Pay any dues, fees, assessments, or other similar
charges….”2

1 Labor-Management Reporting and Disclosure Act of 1959, As Amended, https://www.dol.gov/olms/regs/statutes/lmrda-act.htm and 29 CFR Parts 403 and
408 Labor Organization Annual Financial Reports; Final Rule 9
2 MO SB 19 Sections 290.590.2
 Common Non-MO Prop A Advertisement Claims and
Research Results
• Fails to create jobs/job loss.
• Referenced source: MO SB 19 Sections 290.590.3-4 and 6.
• MO SB 19, Sections 290.590.3-4 and 6 discuss violations of that act and what happens if there is a violation.
• See charts 11 and 12.
• Drives down wages.
• Referenced source: U.S. Census Bureau Current Population Survey 2016 and Dept of Labor Reports.
• See charts 11 and 12.
• Increases the risk of workplace deaths.
• Referenced source: Bureau of Labor Statistics, Census of Fatal Occupational Injuries.
• See chart 13.
• Cuts retirement benefits.
• Referenced source: Bureau of Labor Statistics National Compensation Survey.
• Unable to validate as the survey does not stratify data by state.
• Raises out-of-pocket health costs.
• Referenced source: U.S. Census Bureau, Health Insurance Coverage Status and Type of Coverage by State and Current Population Survey 2016. Source is
about insurance coverage, not out-of-pocket health costs.
• Helps employers manage their businesses effectively - No referenced source and unable to validate.
• Allows politicians to tell business owners with whom they can or can’t enter into a contract.
• Referenced source: NLRA Section 8(a)(3).
• This section of the National Labor Relations Act is titled “Discriminating against employees because of their union activities or sympathies.” This section
does not address business owners and entering into contracts.

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 2001-2006 – Oklahoma, Missouri and US
Avg Annual Employee and Pay Change

Source: Bureau of Labor Statistics, Quarterly Census of Employment and Wages (QCEW-NAICS-Based Data Files, 1975-Present) 11
Red arrow indicates when state became right to work
2012-2017 – Indiana, Michigan, Missouri and US
Avg Annual Employee and Pay Change

Source: Bureau of Labor Statistics, Quarterly Census of Employment and Wages (QCEW-NAICS-Based Data Files, 1975-Present) 12
Red arrow indicates when state became right to work
 Workplace fatalities, 2011-2016

TOTAL Fatalities 2011-2016 16790 TOTAL Fatalities 2011-2016 11633

TOTAL Workers (in thousands) 2011-2016 415419.4 TOTAL Workers (in thousands) 2011-2016 451369.2

% Fatalities RTW 0.0040% % Fatalities Non-RTW 0.0026%

Deaths per million RTW 40.41699 Deaths per million Non-RTW 25.7726934

Potential Deaths if RTW were @ Non-RTW levels 10706 Potental Deaths if Non-RTW were @ RTW Levels 18243

Potential Lives saved if RTW were @ Non-RTW levels 6084 Potentally more fatalities if Non-RTW were at RTW levels 6610

Source: BLS Census of Fatal Occupational Injuries (2011 forward) - State, Not Seasonally Adjusted, Fatalities in all industry sectors, Ownership -- all ages, Industry -- all workers 13
Source: BLS State and Area Employment, Hours and Earnings - Not Seasonally Adjusted, Statewide, Total Nonfrom, All Employees in Thousands
 MO Prop A and Recent US Supreme Court Ruling
• Supreme Court Case Janus v. AFSCME.
• Ruling means “states and public-sector unions may no longer extract agency
fees from nonconsenting employees.”
• Overturn from 1977 Supreme Court ruling allowing requirement for workers
to pay agency fees or fair share fees.
• MO Prop A addresses private business employees only.

Sources:
The Missouri Times, “US Supreme Court rules public employees can’t be forced to pay union fees,” June 27, 2018
Quote is from Justice Samuel Alito’s majority opinion for Janus v. AFSCME 14
 Should I vote for or against MO Prop A
• Quote from Jason Greer, labor relations consultant/educator and
president of Greer Consulting, Inc.
“What I often tell people is, in this day and age of information [and] in so many
ways, you can be your own best advocate,” Greer said. “Be mindful of your
decision. When you vote, no one is going to be in the booth with you. It’s you.
You have to make the most informed decision, not always the most emotional,
but the most important decision as to what’s right for you and your family.”
• So…..you decide! And let’s discuss further.

Source: https://midriversnewsmagazine.com/2018/07/10/72630/prop-a-right-to-work-debate
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