The victory for so-called “right-to-work” legislation in Michigan, the heartland of industrial unionism in America, has spurred talk of expanding efforts to pass similar laws to weaken unions in other states, such as Kentucky and even New Jersey. Washington Post columnist Charles Krauthammer goes so far as to suggest that the spread of such anti-union laws is “inevitable,” given economic globalization—a conclusion that might surprise Germans, who have strong labor laws and collective bargaining agreements yet nevertheless manage to compete quite well.
Most of the discussion has centered on the political and economic effects of right-to-work laws—which allow workers to benefit from collective bargaining but withhold dues or agency fees to support the bargaining process. E.J. Dionne correctly notes that Republicans in Michigan were trying to weaken unions for political reasons. In Michigan in 2012, Dionne writes, “Obama won union households 66 percent to 33 percent, the rest of the electorate by 50 percent to 49 percent.” And the Economic Policy Institute finds that workers—whether or not they are in unions—earn about $1,500 less per year on average in right-to-work states, as the policy essentially transfers wealth from workers to employers and stockholders.
But as other states consider such laws, it is important also to remember the ugly racial history of right-to-work legislation. A key driver of the right-to-work movement beginning in the 1930s was Texas businessman and white supremacist Vance Muse, who hated unions in part because they promoted the brotherhood of workers across racial lines. As author Mark Ames notes, Muse bluntly outlined the thinking behind “right to work,” declaring, “From now on, white women and white men will be forced into organizations with black African apes whom they will have to call ‘brother’ or lose their jobs.”
Indeed, unions have a powerful interest in reducing racial discrimination and animus because racial hostility inhibits worker solidarity and union organizing. Southern segregationists knew this, which is why they eagerly signed on to right-to-work efforts to weaken unions in the middle part of the twentieth century.
In the 1930s and 1940s, organized labor made great strides in the northern and midwestern parts of the United States, but racial animus in the South proved a key impediment to union organizing. It was very threatening to southern segregationists, therefore, when the Congress of Industrial Organizations (CIO) launched “Operation Dixie” in the 1940s to organize the South, because the CIO’s agenda included efforts to reduce discrimination. Southern conservatives feared that if unions united working-class whites and blacks, they could upend the politics of the South, where Jim Crow laws helped keep white and black workers on opposite sides of the political fence. They argued that unions could bring “black domination in the South.” For Martin Luther King, Jr., the unity of interests of labor and civil rights groups was underlined by segregationist opposition to both. In 1961, he told the AFL-CIO that “the labor-hater and labor-baiter is virtually always a twin-headed creature spewing anti-Negro epithets from one mouth and anti-labor propaganda from the other mouth.”
As historian Tami Friedman notes, the CIO, with a $1 million war chest and 250 organizers, set out in 1946 to organize at least 1 million workers by the end of the year. The AFL also made a pledge to organize 1 million southern workers. CIO president Philip Murray promised both “political and economic emancipation” for southern workers, and vowed to defeat two major segregationists in Mississippi. W.E.B. Du Bois called the CIO the best hope for equal rights in the postwar era.
With President Truman also beginning to move forward on civil rights, southern segregationists ramped up their anti-union efforts. As the CIO began Operation Dixie, southern Democrats joined northern Republicans in voting for the 1947 Taft-Hartley legislation to cripple union organizing, in part by authorizing states to adopt right-to-work statutes. Friedman writes, “While the measure is often seen as the work of a Republican-dominated Congress, southern Democrats were instrumental in its passage; in both houses, over 80 percent of southern Democrats backed the bill. After President Truman vetoed the legislation, 90 percent of southern Democrats in the House of Representatives and over 77 percent of those in the Senate helped override his action.”
Southern segregationists followed up their support for Taft-Hartley with an array of state-based right-to-work laws, a strategy King strongly opposed. He declared, “In our glorious fight for civil rights, we must guard against being fooled by false slogans, such as ‘right to work.’ It is a law to rob us of our civil rights and job rights.”
To this day, the states most resistant to unions are those in the former Confederacy and the Jim Crow South. Of the seventeen states that had legally required segregation prior to Brown v. Board of Education, twelve are today right-to-work states. All five states that ban collective bargaining with public employees—Georgia, North Carolina, South Carolina, Texas, and Virginia—are from the Jim Crow South. And, according to the Bureau of Labor Statistics, the eleven states with the lowest rates of unionization are North Carolina, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, Virginia, Tennessee, Texas, Oklahoma, and Florida. All of these states were formerly segregated.
Given this history, one can fully appreciate the bitter irony of Michigan’s adoption of right-to-work legislation. While Michigan’s own racial history is hardly unblemished, the United Auto Workers, led by Walter Reuther, were champions of racial equality within the labor movement. Whereas the AFL-CIO refused to endorse the 1963 March on Washington for Jobs and Freedom, for example, the UAW and Reuther were central players in it.
Sixty-five years later, Operation Dixie has been turned on its head. Not only did labor fail to organize the South; we have now witnessed what was once unthinkable: the passage of right-to-work legislation in Michigan, on the heels of the crippling of public employee unionism in Wisconsin.
The far more hopeful story since the 1940s, of course, is the tremendous racial progress made in the United States, and particularly in the American South. Today, Vance Muse’s rhetoric about race is rejected by the vast majority of Americans and serves as a source of enormous embarrassment for the anti-labor, right-to-work movement.
As labor thinks through how to get out of the deep mess it finds itself in, it can draw inspiration from America’s great civil rights movement. In Mississippi, the UAW is framing labor organizing at a Nissan Motors plant as part of a twenty-first-century civil rights movement, and Richard Trumka, the president of the AFL-CIO, has endorsed the idea of incorporating worker rights to organize into an amended Civil Rights Act. If anything good is to come out of the terrible loss in Michigan, it will be that labor has discovered that the false rhetoric of “right to work” can be directly rebutted with the powerful idea that worker rights are civil rights.
Richard D. Kahlenberg is a senior fellow at the Century Foundation and Moshe Z. Marvit is a civil rights and labor attorney. They are coauthors of Why Labor Organizing Should Be a Civil Right: Rebuilding a Middle-Class Democracy by Enhancing Worker Voice (2012).