Day: February 18, 2016

Why Virginia matters to American labor in 2016.

The most important election in Virginia this year has no candidates on the ballot.

On February 2nd, the Republican-dominated General Assembly passed the two-session threshold needed to put the open shop before the Commonwealth’s voters in November. You might be asking yourself, “Wait. I thought that Virginia was already an open-shop state?” Your inclinations would be correct: legislation barring union membership as a condition of employment was signed into law by Gov. William Tuck (a later adherent to Massive Resistance in response to Brown v. Board of Education as a member of Congress) in 1947. As a result, Section 40.1-58 of the Code of Virginia reads:

“It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.”

So why do this? The easy answer is that Virginia Republicans are fearful that, should the open shop meet a legal challenge in state court, Democratic Attorney General Mark Herring would not seek to defend it. The sponsor of the bill and defeated 2013 nominee for Attorney General, State Sen. Mark Obenshain (R-Harrisonburg), stated as much in the deliberations on the bill. In addition, should the Assembly find itself in pro-labor hands in the future, they could overturn the open shop with a simple majority vote. Never mind that the extreme amounts of gerrymandering in the Assembly (particularly in the House of Delegates) makes a unified Democratic state government unlikely for decades to come.

The vote this November will be the first popular referendum on the open shop since 54 percent of Oklahoma voters approved State Question 695 on September 25, 2001. In this, an opportunity presents itself to the labor movement in this country, and it is one that labor unions must take.