by Todd Jelen, Negotiator, Organizer & Educator, AFM Symphonic Services Division

It has been my privilege to visit orchestras around the country to discuss so-called “right to work” legislation. This simple slogan does not explain the resulting destruction to the middle class and working people in states where “right to work” laws are enacted. When a state passes a “right to work” law, there is an immediate decrease in the average wage. This translates to about $6,000 less per year than the wages in free bargaining states. “Right to work” states also consistently report lower household incomes, less employer sponsored health insurance coverage, and weaker unemployment benefits, than states without “right to work” laws.

In addition to taking money out of our pockets, “right to work” laws undermine democracy in our workplaces. When we decide to form or join a union, we vote. To choose our representatives, we vote. For all of the union’s business, we vote. “Right to work” laws seek to weaken our collective will by purposely providing loopholes in the membership requirements that workers have negotiated with their employers—agreements that the Supreme Court has upheld in free bargaining states. Proponents of “right to work” legislation often cite contractual freedom as a reason to pass these laws, but this is ironic considering that they are actually stifling workers’ freedom to make agreements with their employers.

Without a union contract our workplace rights are at the whim of our employers, whereas we can personally oversee the maintenance and enforcement of our agreements, if we are unionized. Employers know this, and that is one of the reasons behind the current wave of “right to work” legislation. By dividing us into different categories, employers are attempting to weaken our will and effectiveness as organized workers. We must realize that there is nothing that says we have to opt out of union membership. We can and should refuse to be divided by these laws! If we see past the laws in our states and learn about the Federal protections offered to us, we realize that we have a larger toolbox than we thought we had. Too often, orchestras don’t embrace the tools they already have to manage their own contracts.

“Right to work” does not have to mean the destruction of our workplace rights, if we work to ensure that we are organized. You may be thinking, “this won’t work in my city or state,” but I assure you that it will. I have found models for organization that exist in places considered unfriendly to labor. As a result, these locals enjoy more activity, visibility, and greater membership density. Together we have been able to begin to change the culture and perception of the local towards greater respect and congeniality. If you would like to learn how you can organize your orchestra and make your local more relevant in the eyes of your musicians and management, please contact me. Together, we can turn the tide of “right to work” laws toward a brighter future for orchestra musicians!