After the ‘Great Resignation,’ how long will worker leverage last?
Workers at Kentucky American Water say they’ve made headway in negotiating a new labor contract with the utility giant, which services 14 Kentucky counties, including Fayette.
Kentucky American Water recently announced it had inked a new four-year agreement with the union representing 68 of its employees while avoiding a strike. Still, the union’s leaders told the Herald-Leader it will continue pushing on other priorities it has with the company, which include four unfair labor practice complaints filed with industry regulators.
“The union remains disappointed in the economic packages offered by a company that has experienced a 51% (increase) in profits in the last five years,” said Robert Smith, the secretary/treasurer of the National Conference of Firemen and Oilers.
“We have not withdrawn the unfair labor practice charges,” Smith said.
Are conditions ripe for more unions in Kentucky?
Labor organizers – in Kentucky and across the country – are currently in a better bargaining position now than they have been in quite some time. That’s according to University of Louisville law professor Ariana Levinson, who focuses on labor and employment law.
In an era when unions in Kentucky have taken significant blows, including the repeal of the state’s prevailing wage and the passage of a Right To Work law in 2017, several factors could be buoying labor activism.
Whether labor’s current moment is attributable to baby boomers leaving the workforce, the pandemic or supply chain woes is hard to pin down, but Levinson is sure about one thing: She doesn’t feel confident the momentum will last. That’s because the overall legal landscape hasn’t changed for labor unions and there are still significant barriers to organizing, she said.
For starters, there’s a lot employers can do to discourage union organization without having to break the law, Levinson said, pointing to so-called “captive audience meetings.” Through those meetings, employers are legally allowed to require mandatory assembly of employees to listen to anti-union speeches during an organizing campaign.
“Without a legal change, there won’t be a long-term change,” Levinson said.
There’s also the pandemic to consider, and the so-called “Great Resignation.” The employment trend spurred nearly 5 million Americans to quit their jobs in 2021, giving workers more leverage over employers.
Aside from workers at Kentucky American Water, there have been other recent high-profile union fights here in the Commonwealth. Last year, a union representing 420 Heaven Hill distillery workers successfully leveraged a six-week strike to negotiate a new labor contract.
How do I form a union if I want to be in one?
According to the National Labor Relations Board, there are two main ways to form a union:
- If at least 30% of workers sign cards or a petition saying they want a union, the NLRB will then conduct an election. If a majority of those who vote in said election choose the union, the NLRB will then officially certify the union as your representative for collective bargaining.
- Your employer may voluntarily recognize a union based on evidence – typically signed union-authorization cards – that a majority of employees want it to represent them, according to the NLRB. Once a union has been certified or recognized, the employer is required to bargain over terms and conditions of employment with the union representative. Special rules apply in the construction industry.
It’s worth noting Kentucky’s Right To Work law does not prohibit joining or forming a union, which remains a right protected by the National Labor Relations Act.
Levinson said it’s important for employees to know they can discuss their wages with each other, along with health and safety issues, and workers don’t already need to be a part of a union to organize.
You can review your rights under the National Labor Relations Act at its website, nlrb.gov.
Will labor unions see a comeback under the Biden administration?
That remains to be seen.
President Joe Biden has often said he wants to be “the most pro-union president leading the most pro-union administration in American history.”
Biden again signaled that support in his first State of the Union address March 1, calling for the passage of the PRO Act, which has so far stalled in the Senate.
The Protecting the Right to Organize Act would make it easier for unions to collect dues from workers who opt out of joining a union through state Right To Work laws, yet still benefit from collectively bargained wages and benefits. The union could override those laws and collect dues to cover collective bargaining costs, like covering fees for attorneys who negotiate labor contracts with employers. It would also make it easier to form a union and fine those companies that violate employees’ rights to organize under the National Labor Relations Act, among other provisions, according to NPR.
Additionally, though her appointment won’t change the makeup of the Supreme Court, Judge Ketanji Brown Jackson could be good news to labor unions and worker advocates. She is widely viewed as a liberal on social and economic issues and a defender of workers’ rights, according to the Associated Press. Her confirmation could mean unions would have an ally at the highest court.