Alabama Amendment 8 Election date November 8, 2016 Topic Labor and unions Status a Approved Type Constitutional amendment| Origin State legislature * * * ## Contents * 1 Election results * 2 Overview * 3 Text of measure * 3.1 Ballot title * 3.2 Amendment language * 3.3 Full text * 4 Support * 4.1 Supporters * 4.2 Arguments in favor * 5 Opposition * 5.1 Opponents * 5.2 Arguments against * 6 Media editorials * 6.1 Support * 6.2 Opposition * 7 Background * 7.1 How do right-to-work laws work? * 7.2 Noteworthy events * 7.3 Which states had right-to-work laws? * 8 Campaign finance * 9 Path to the ballot * 9.1 House vote * 9.2 Senate vote * 10 Related measures * 11 Recent news * 12 See also * 13 External links * 14 Footnotes 2016 measures | March 1 Amendment 1 a November 8 Amendment 1 a Amendment 2 a Amendment 3 a Amendment 4 a Amendment 5 a Amendment 6 a Amendment 7 a Amendment 8 a Amendment 9 d Amendment 10 a Amendment 11 a Amendment 12 d Amendment 13 a Amendment 14 a Polls Voter guides Campaign finance Signature costs The Alabama Right to Work Amendment, also known as Amendment 8, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016.[1] It was approved. | A "yes" vote supported this proposal to add the "right to work"--a law prohibiting businesses from making rules about union membership--to the Alabama Constitution in addition to the statutes providing for the state's "right to work" policies. | | A "no" vote opposed this proposal to add the state's "right to work" policies to the constitution and, thus, make them harder to change in the future. | ## Election results[edit] Amendment 8 Result| Votes| Percentage a Yes| 1,119,034| 69.61% No| 488,515| 30.39% Election results from Alabama Secretary of State ## Overview[edit] Alabama was already a right-to-work state, and Amendment 8 enshrined it in the Alabama Constitution. Right-to-work laws create a "right to work" for an employee regardless of whether or not that employee joins a union. These laws guarantee that no employee can be forced to join, or not join, a union, or be forced to pay dues to a labor union as a condition of employment. Right-to-work laws also prohibit labor unions and employers from entering into contracts that only employ unionized workers for the jobs under the contract.[2][3] Amendment 8 constitutionally prohibited employers from forcing their employees to gain union membership or, on the other hand, to renounce union membership. This meant that employees would not be forced to pay dues, fees, or other charges to a labor union to be represented, even if the employee was not officially a member in a union. Amendment 8 stipulated that this law would not apply to contracts already in force by November 8, 2016. ## Text of measure[edit] ### Ballot title[edit] The official ballot title was as follows:[1] “ | Proposing an amendment to the Constitution of Alabama of 1901, to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or place conditions on prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employees to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.[4] | ” | | ### Amendment language[edit] The following amendment to the Alabama Constitution was proposed:[1] “ | (a) It is hereby declared to be the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization. (b) An agreement or combination between an employer and labor union or labor organization which provides that a person who is not a member of the union or organization shall be denied the right to work for the employer, or where membership in the union or organization is made a condition of employment or continuation of employment by the employer, or where the union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy. (c) No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment. (d) A person may not be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of his or her employment. (e) An employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization. (f) This amendment shall not apply to any lawful contract in force on or prior to the date of the ratification of this amendment but it shall apply in all respects to contracts entered into after the date of the ratification of this amendment, and to any renewal or extension of an existing contract.[4] | ” | | ### Full text[edit] The full text of the measure can be found here. ## Support[edit] ### Supporters[edit] Rep. Arnold Mooney (R-43) sponsored Amendment 8 in the Alabama House of Representatives. ### Arguments in favor[edit] Sen. Gerald Dial (R-13) said,[5] “ | Let me tell you, it sends a strong message, it sends a strong message not only to people in America, but people all over the world that's looking to locate to Alabama looking to bring and invest their money in Alabama that we're going to be a right to work state from now on into the future and I think it gives them the assurance that we will be."[4] | ” | | William J. Canary, president and CEO of the Business Council of Alabama, said,[6] “ | [The measure was] designed to ensure that union and non-union workers and businesses may peacefully coexist in a calm workplace environment, which will help grow new investments, new jobs, and new opportunities.[4] | ” | | ## Opposition[edit] ### Opponents[edit] * Our Revolution[7] * Alabama AFL-CIO[8] ### Arguments against[edit] Neal Elders, president of Transportation Union Local 622, said,[9] “ | I would like the committee to just ask itself, what’s to be gained? ... We already have right to work. ... We know it’s not going away.[4] | ” | | ## Media editorials[edit] ### Support[edit] Ballotpedia has not yet found any editorial board endorsements in support of Amendment 8. If you know of one, please email editor@ballotpedia.org. ### Opposition[edit] * The Times Daily recommended a "no" vote for Amendment 8, and wrote the following:[10] “ | Amendment 8 does not change state law, it enshrines it in the Constitution. The current right-to-work laws could be repealed with a mere legislative majority. Under Amendment 8, right-to-work laws could only be repealed with a three-fifths vote of each chamber of the Legislature, and a statewide vote. The amendment is unnecessary, as there is no public or legislative interest in repealing right-to-work laws. It also restricts future lawmakers from dealing with changed economic conditions. We recommend a “no” vote on Amendment 8.[4] | ” | | ## Background[edit] See also: Right-to-work laws ### How do right-to-work laws work?[edit] The main priority of right-to-work laws is to protect the right of every employee to work regardless of their membership, or non-membership, in a labor union or their payment, or non-payment, of dues to a union. Under federal law provided by the Taft-Hartley Act, all workers have a right to not belong to a union and to be provided with the benefits of union membership, such as collective bargaining, even if a worker is not a union member. However, in order to offset costs, the Taft-Hartley Act requires non-members to pay agency fees, which are a portion of union dues that are used only for providing services to employees, rather than full dues, which support the political activities of a union as well. State right-to-work laws exist due to a loophole in the Taft-Hartley Act that allows states to eliminate agency fees for non-union members. Therefore, states that have their own right-to-work laws allow all employees to receive the benefits of union membership without having to pay any dues or fees for those services and protections. In addition, non-member workers who are represented by a union for a legal issue, such as a wrongful termination lawsuit, have the right to sue the union if a non-member feels that the union failed to represent them to its fullest ability.[2][3][11] ### Noteworthy events[edit] Right-to-work laws have been a controversial topic from the beginning. Opponents view them as anti-union and conducive to a "free-loader" system where employees can take advantage of union benefits without having to pay union dues. Those who support right-to-work laws say they are crucial to protecting workers' rights and to creating a business-friendly atmosphere. In recent years, right-to-work measures and legislation have led to protests by union supporters and massive campaign expenditures. In Indiana, legislation was quickly pushed through in order to avoid protests at the Super Bowl in 2012, and union supporters rallied together to raise nearly $30 million in opposition to a right-to-work measure in Ohio in 2011.[2] ### Which states had right-to-work laws?[edit] * As of 2015, eight states had right-to-work constitutional amendments (Arizona, Arkansas, Florida, Kansas, Mississippi, Nebraska, Oklahoma and South Dakota). * As of 2015, 17 states had right-to-work state statutes (Alabama, Georgia, Idaho, Indiana, Iowa, Louisiana, Michigan, Nevada, North Carolina, North Dakota, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming). * Other states, including Ohio, Oregon, South Dakota, Virginia, and West Virginia, either had legislation in the works going into 2016 or had lawmakers who had publicly stated their interest in advancing right-to-work laws while in office. ## Campaign finance[edit] See also: Campaign finance requirements for Alabama ballot measures Total campaign contributions: Support: | $0.00 Opposition: | $0.00 As of February 1, 2017, no ballot question committees were registered to support or oppose Amendment 8.[12] ## Path to the ballot[edit] See also: Amending the Alabama Constitution According to Article 18 of the Alabama Constitution, both houses of the Alabama State Legislature were required to pass the bill by a three-fifths or 60-percent vote in order to send it to the statewide election ballot. If the amendment is approved by a simple majority of the electorate, it becomes part of the constitution. The amendment, titled House Bill 30 (HB 37) in the Alabama Legislature, was introduced by Rep. Arnold Mooney (R-43) on February 11, 2016. On February 17, 2016, the Alabama House of Representatives approved HB 37. The Alabama Senate passed the bill on March 17, 2016.[13] ### House vote[edit] February 17, 2016, House vote Alabama HB 37 House Vote Result| Votes| Percentage a Yes| 69| 67.65% No| 33| 32.35% ### Senate vote[edit] March 17, 2016, Senate vote Alabama HB 37 Senate Vote Result| Votes| Percentage a Yes| 25| 73.53% No| 9| 26.47% ## Related measures[edit] Labor and unions measures on the ballot in 2016 State| Measures South Dakota| South Dakota Right for Organizations to Charge Fees for Services, Initiated Measure 23 d Virginia| Virginia "Right to Work" Amendment d Washington| Washington Increased Penalties for Crimes Against Vulnerable Individuals, Initiative 1501 a ## Recent news[edit] The link below is to the most recent stories in a Google news search for the terms Alabama Right to Work Amendment 8. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles. Alabama Right to Work, Amendment 8 (2016) - Google News ## See also[edit] | Suggest a link | * Alabama 2016 ballot measures * 2016 ballot measures * Alabama Legislature * Right-to-work laws ## External links[edit] * House Bill 37 ## Footnotes[edit] 1. ↑ 1.0 1.1 1.2 Alabama Legislature, "HB 37," accessed March 19, 2016 2. ↑ 2.0 2.1 2.2 National Right to Work Legal Defense Foundation, "Right to Work Frequently Asked Questions," accessed October 23, 2015 3. ↑ 3.0 3.1 Workplace Fairness, "Right to Work Laws," accessed December 30, 2015 4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. 5. ↑ WBRC.com, "Right-to-work amendment coming to November ballot in AL," March 17, 2016 6. ↑ Yellow Hammer News, "Right-to-Work amendment would protect Alabama jobs from union coercion (Opinion)," February 25, 2016 7. ↑ Our Revolution, "Ballot Initiatives," accessed October 4, 2016 8. ↑ Alabama AFL-CIO, "The constitution "is the most amended in the world." Enough already!!" October 5, 2016 9. ↑ Times Daily, "Union leader questions need for Alabama right-to-work amendment," February 3, 2016 10. ↑ Times Daily, "Vote ‘no’ on Amendment 8, ‘yes’ on 11," November 3, 2016 11. ↑ Forbes, "'Right-to-Work' Laws Explained, Debunked And Demystified," December 11, 2012 12. ↑ Alabama Electronic Fair Campaign Practices Act (FCPA) Reporting System, "Political Action Committee Search," accessed October 27, 2016 13. ↑ Open States, "HB 37," accessed March 19, 2016 v • e 2016 ballot measures I&R States| Alaska • Arizona • Arkansas • California • Colorado • Florida • Idaho • Illinois • Maine • Maryland • Massachusetts • Michigan • Mississippi • Missouri • Montana • Nebraska • Nevada • New Mexico • North Dakota • Ohio • Oklahoma • Oregon • South Dakota • Utah • Washington • Wyoming Non I&R States| Alabama • Georgia • Hawaii • Indiana • Kentucky • Maryland • Minnesota • New Hampshire • New Jersey • New York • North Carolina • Pennsylvania • Rhode Island • South Carolina • Texas • Vermont • Virginia • West Virginia • Wisconsin Political topics| Adult entertainment • Alcohol • Assisted death • Banking • Bond issues • Business regulation • Campaign finance • Civil and criminal trials • Civil rights • Constitutional language • County and municipal governance • Death penalty • Definition of a corporation • Education • Elections and campaigns • Energy • English language • Environment • Firearms • Food and agriculture • Forests and parks • Gambling • Government accountability • Healthcare • Hunting and fishing • Labor and unions • Law enforcement • Lottery • Marijuana • Minimum wage • Prisons • Property • Redistricting • Religion • Salaries of government officials • School choice • State and local government budgets, spending and finance • State executive officials • State judiciary • State legislature • Suffrage • Taxes • Tort law • Transportation • Treatment of animals • Veterans • Wages and pay Other| Scorecard • Petition drive deadlines and requirements • Polls • Lawsuits • Potential measures • Ballot Measure Monthly • Changes in 2016 to laws governing the initiative process • Not on the ballot • Signature costs • Cost per required signatures analysis • Campaigns • Campaign contributions • Campaign finance • Endorsements • Voter guides v • e Ballotpedia About| Overview • What people are saying • Support Ballotpedia • Contact • Contribute • Job opportunities * * * Executive: Leslie Graves, President • Gwen Beattie, Chief Operating Officer • Ken Carbullido, Vice President of Election Product and Technology Strategy Communications: Kayla Harris • Megan Brown • Mary Dunne • Sarah Groat • Lauren Nemerovski External Relations: Alison Prange • Sara Key • Kari Berger • Hannah Nelson Operations: Meghann Olshefski • Lauren Dixon • Kelly Rindfleisch • Sara Horton • Elizabeth Brown Policy: Christopher Nelson • Caitlin Styrsky • Molly Byrne • Katharine Frey • Jace Lington • Jimmy McAllister Tech: Matt Latourelle, Tech Manager • Ryan Burch • Michael Cella • Kirsten Corrao • Margaret Kearney • Tom Reitz Contributors: Scott Rasmussen * * * Editorial| Geoff Pallay, Editor-in-Chief • Daniel Anderson, Managing Editor • Josh Altic, Managing Editor • Cory Eucalitto, Managing Editor • Mandy Gillip, Managing Editor • Jerrick Adams • Victoria Antram • Dave Beaudoin • Jaclyn Beran • Marielle Bricker • Ryan Byrne • Kate Carsella • Kelly Coyle • Megan Feeney • Tyler King • Doug Kronaizl • Amee LaTour • David Luchs • Brittony Maag • Andrew McNair • Jackie Mitchell • Elisabeth Moore • Ellen Morrissey • Mackenzie Murphy • Paul Rader • Ethan Rice • Abbey Smith • Janie Valentine • Caitlin Vanden Boom • Joel Williams • Corinne Wolyniec • Samuel Wonacott • Mercedes Yanora v • e State of Alabama Montgomery (capital) | Elections | What's on my ballot? | Elections in 2021 | How to vote | How to run for office | Ballot measures Government | Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy