Dear Editor,
Understanding Prop 3 is essential for every Vermont voter as we cast our ballots and consider amending our constitution.
At its core, Prop 3 prioritizes the interests of unions over the individual rights of the employees they are meant to serve. By empowering unions at all costs, Prop 3 places employees, taxpayers, small business, and our elected officials at risk.
Historically and today, books and journalism have surfaced the plight of the worker and the abuse of so many who have suffered at the hands of power and profit. “The Jungle,” “The Bitter Side of Sweet,” “Roses for Isabella,” “Counting on Grace,” “Cobalt Red” – many books have conveyed the depth of the struggle.
Humanity has made great strides, yet abuse and unfair practices continue, especially in the global south, where workers and the environment are preyed upon by the engine of greed. Unions, consumer awareness, and investigative reporting have all played roles in resolving issues and aiding workers in establishing fair wages, safe working conditions, and accountability by employers.
Prop 3 reads, “Article 23. [Right to collectively bargain] That employees have a right to organize or join a labor organization for the purpose of collectively bargaining with their employer through an exclusive representative of their choosing for the purpose of negotiating wages, hours, and working conditions and to protect their economic welfare and safety in the workplace. Therefore, no law shall be adopted that interferes with, negates or diminishes the right of employees to collectively bargain with respect to wages, hours, and other terms and conditions of employment and workplace safety, or that prohibits the application or execution of an agreement between an employer and a labor organization representing the employer’s employees that requires membership in the labor organization as a condition of employment.”
The right to organize is guaranteed and protected in our First Amendment rights and state and federal laws, making the first sentence of Prop 3 redundant and unnecessary.
Proponents are using this to claim Prop 3 simply constitutionalizes existing law. This is a manipulated message that takes advantage of voters and our inherent, warranted support for employees, unions, and the right to organize.
The problem resides in the second sentence of Proposal 3.
In 2018, the Supreme Court ruled in Janus v. AFSCME that public sector employees can opt out of unions and not pay dues. This decision fell under compelled speech – a First Amendment violation in which an individual may not want a union speaking or negotiating on their behalf and has the guaranteed right to reject this representation. Due to this ruling, public sector unions lost substantial revenue and members.
Since then, private unions have scrambled to protect themselves and secure members and dues. Illinois is the only state to use similar language to amend its constitution, and it immediately faced litigation over federal preemption issues and conflicts with existing laws.
Prop 3 is a strategic move by private sector unions to protect themselves and their revenue. Please see this for what it really is, and please understand that Prop 3 is an immense threat to Vermont.
Employees should be able to choose if they want to join a union, regardless of employment in the public or private sector. Fundamentally, Prop 3 is about the infringement of individual rights, employee rights, and the freedom to choose. Private sector employees have no ability to opt out when union membership is a condition of employment. Litigation is guaranteed, as private unions secure their financial pipeline and member base at the expense of employees’ individual rights.
Further, if unions negotiate contracts related to salaries, pensions, and healthcare for state employees and teachers which have an excessive financial burden on taxpayers, our elected officials are explicitly prohibited from intervening without threat of lawsuit.
If Prop 3 passes, Vermont will become a case study like Illinois, with unchecked union power and First Amendment infringements written into the constitution. Lawsuits will escalate at taxpayers’ expense while the courts attempt to resolve these guaranteed issues.
Voting “no” on Prop 3 is not anti-union. Prop 3 is not about securing the right to organize, this is secured. It is not about protecting workers. Prop 3 is about guaranteeing unions hold all the power over employees and our democratically elected officials working on our behalf.
Please exert caution, this is our constitution. Let’s vote for employees’ right to choose, not a constitutional amendment that violates an individual liberty such as free speech. With guaranteed protections to organize and robust labor laws and board authority, there is no need for Vermonters to experiment with high-risk, compromised language in our Vermont Constitution. Problems cannot be resolved with a simple change in law, they will require another four-year process to reverse this mistake.
Please vote “no” on Prop 3. If a union is needed and acting in the best interest of workers, it will be supported. If it is not, then employees should be able to opt out, represent themselves, and choose to work.
Voting “no” on Prop 3 is a vote for employees, taxpayers, free speech, and our elected officials. Please support workers’ rights to choose. Please vote “no” on Prop 3.
Sincerely,
Alison Despathy
Danville, Vt.