The "Right to Work" in Tennessee

On November 8, 2022, voters in Tennessee will elect a governor, United States Representatives from all 9 districts, state representatives from all 99 districts, and state senators from some of the 33 districts. In a year when the governor is elected, it is also possible to place amendments to the state constitution on the ballot. For 2022, four such prospective amendments will be on the ballot. 

Amendments are presented on the ballot in the form of a "Yes-No" question. For an amendment to be ratified, it must receive more "Yes" votes than "No" votes and also must receive a number of "Yes" votes that are a majority of the total votes cast in the election for governor.

Some amendments are more substantial and more significant than others. This significance is subject to debate by reasonable minds. This post focuses on proposed amendment 1, placed on the ballot by joint resolution of the state senate:

It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.  

Editorials supporting the respective "Yes" and "No" sides of this opinion ran in The Tennessean on September 4, 2022. "Vote yes on Amendment 1 to put 'right to work' in constitution" was written by guest columnists Jim Brown, Bradley Jackson, and Justin Owen. "Support workers by opposing 'right to work' Amendment 1" was written by guest columnist Billy Dycus.

But this proposed amendment to Tennessee's state constitution largely repeats state law already in effect. Tennessee Code Annotated section 50-1-201 reads as follows, including the caption:

Denial of employment because of affiliation or nonaffiliation with labor union or employee organization.

It is unlawful for any person, firm, corporation or association of any kind to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.

Tennessee Code Annotated section 50-1-202 reads as follows, including the caption:

Contracting for exclusion from employment because of affiliation or nonaffiliation with labor union or employee organization.

It is unlawful for any person, firm, corporation or association of any kind to enter into any contract, combination or agreement, written or oral, providing for exclusion for employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.

Because of the clear statutes on this issue, case law is largely silent. But consider this from Baldwin v. Pirelli Armstrong Tire, 3 S.W.3d 1 (Tennessee Court of Appeals, 1999): 

The "right to work" in Tennessee without being

compelled to belong to a labor union is a clear

public policy evidenced by the unambiguous

statutory provision of T.C.A. §§ 50-1-201 (1991).

PIRELLI's termination of the permanent

replacement workers who are members of the

Plaintiff Class violated the "right to work" public

policy of Tennessee and was for this reason

wrongful.

The Pirelli case involved an action brought by members of a class of replacement workers at a tire manufacturing plant in Madison, Davidson County, Tennessee who were fired to make room for returning union employees at the end of a strike in the mid 1990s. 

The value of unions is debatable. But I know that my late father benefitted from the Tennessee Education Association in the final year (2009-2010) of his 40 year career as an educator in Cheatham County, Tennessee. He was suffering from Parkinson's disease, which led to his death four years later. 

"Right to work" should also not be confused with "employment at-will". In short, barring an illegal reason for firing a certain individual, an employer may terminate employment at any time. The employee also has the right to terminate employment with no given reason or notice. Of course, it is a good idea to obey your working agreement. If "two-week notice" is called for in the contract, it is best to obey this term and to leave on good terms, especially if you will need your employer as a reference in the future.

"I once worked at a place that had a union. I had monthly dues and was not required to join. But I did join because I thought it was worth it. If you were in trouble over small issues, the union would help you keep your job," stated Cloud Nine Higher promotional model Dakota, who also works as a welder in Fayetteville, Tennessee.

The significance here is that state law will now be embedded into the constitution if this amendment passes. Constitutional law is harder to amend than standard statutory law. This change will be barely noticed for the foreseeable future. But it is worthy of your consideration. Let us know if you have any questions. And GO VOTE.