Organized labor suffered another significant setback on Wednesday, February 6, 2017, when Missouri Gov. (R) Eric Greitens signed SB19 into law, adding Missouri to the nation's growing list of states to adopt right-to-work protections for its public and private sector employees. Right-to-work laws protect employees from being forced to join a union or to pay union dues to keep their jobs by prohibiting 'union security' clauses in collective bargaining agreements between unions and employers. Requiring, or even threatening to require, a Missouri worker to join a union or to pay union dues or equivalent fees will now carry penalties that include fines and jail time. Workers affected by a violation or threatened violation can collect damages and attorneys' fees.
Kansas has been a right-to-work state since the 1950's. Missouri becomes the 28th right-to-work state in the nation and the fifth state to enact a right-to-work law in as many years. New Hampshire is vying for the 29th slot in the nation's right-to-work ranks, as its legislature considers similar right-to-work legislation. But the right-to-work movement is not limited to developments at the state level. Earlier this month, a bill was introduced in Congress that would prohibit forced unionization nationwide. While previous attempts to push a nationwide right-to-work standard through Washington have quietly stalled, the Republican majority on the Hill and the Trump administration's endorsement of right-to-work laws during its campaign suggest that national right-to-work supporters may be in a position to make some noise this go-round.
Unions oppose right-to-work protection, but courts across the country have consistently upheld state authority to prohibit forced unionization. Thus, organized labor's best chance to thwart the new Missouri law is to call a referendum, which would put the law itself on the 2018 election ballot, or through an initiative to amend the Missouri State Constitution. Both paths would require right-to-work opponents to demonstrate public support for their opposition by petition before putting the question before Missouri voters.
The law goes into effect on August 28, 2017, but has a grandfather clause that delays its application to existing collective bargaining agreements until the end of their term (usually no more than three years). While organized labor will no doubt press their opposition to right-to-work protections in the months before the law becomes effective, Missouri employers should be especially wary of signing new or extended collective bargaining agreements with a union security clause during this period. A new or extended agreement signed before August 28, 2017, will extend the grandfather period and forestall the application of the right-to-work protection to employees working under the agreement until its expiration.
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