TAKING A PAGE OUT OF WEST VIRGINIA’S BOOK

When you hear the words “West Virginia,” you could be forgiven for thinking of mountaintops blasted away for coal, of rural poverty, of jug bands on the front porch. The words “bastion of twenty-first-century workers’ rights,” however, appear to be more applicable, improbable as that may seem: Last week, a nine-day teacher’s strike resulted in a statewide 5 percent pay increase.

Now, the average high school teacher salary in West Virginia was calculated at $45,240 (courtesy of the U.S. Bureau of Labor Statistics), this amounts to a raise just over a little $2,200 a year, or about $188/month. In other words, those teachers can now pay for the gas it takes to drive to school, but nonetheless it’s being touted as a victory by labor groups nationwide (all three of them).

Okay, okay, there’s not actually three unions in America, but seriously, union membership is pretty much at a longtime  low: BLS calculated that just 10.7 percent of American workers currently belong to unions, down from 20.1 percent in 1983. According to that same report, of the workers who pay union dues, the vast majority work for the government – by a 5-to-1 ratio. Furthermore, per the BLS, nonunion workers are making 80 percent of what their unionized counterparts are making.

For all the pencil-pushing, soul-sucking bureaucracy that a government job entails, at least you’ll rest easy knowing your salary is higher and your collective bargaining rights protected.

Except, a divisive case currently being heard by the U.S. Supreme Court seems likely to overturn a key ruling from the 1970s, an outcome that would significantly impact public-sector unions’ political clout. The 1977 case, Abood v. Detroit Board of Education, essentially ruled that while an employee in a unionized job may opt out of unionized membership, they can still be required to pay the union fees, a ruling which has typically resulted in de facto union membership.

Detractors of the 1977 ruling claim their first amendment rights are being infringed, saying that a union could use these obligatory dues to advocate for political causes they personally don’t believe in, and they have a point – should ardent pro-lifers be legally forced to pay union dues used to lobby for pro-choice legislation, for instance?

Regardless of their political beliefs, however, the average American significantly benefits from a union membership. Historically speaking, strong union membership has equated to better working conditions, higher wages and stronger legal protections – things such as the minimum wage, the 40-hour workweek and overtime pay all owe their existence to union advocacy.

Looking at looming economic trends, these protections, which many of us take for granted, will be more important than ever. According to National Public Radio, in 10 years as many as 1 out of every 2 jobs could shift to a contracted/freelanced one, as companies such as Uber redefine what it means to be employed.

Many of the aspects of freelancing or contracting (flexible hours, the ability to be your own boss, a general sense of freedom and independence) are extremely attractive to people entering the workforce. Especially, as the digital age gives the average person a significantly greater ability to telecommute than ever before. These perks, however, come at a cost: The medical benefits, retirement package and security net that accompany more traditional forms of employment are notably absent from the contract equation.

Historically, radical re-conceptions of employment tend to favor business owners and large employers, at the expense of workers. At the turn of the 20th century, the advent of industrialization upended the largely farm-based economic framework under which the U.S. had been operating. Industrial upheavals radically reoriented the job market, and businesses were able to capitalize on this by offering disproportionately low compensation and unsafe working conditions.

It took significant action, bloodshed and political organization, spearheaded by the unions of the time, to stand up for worker’s rights. Which is why the Supreme Court’s ruling will have a tremendous impact on what the economy of the next 20 years looks like.

While the majority of unionized jobs are in the public, rather than in the private, sector, if the Court overturns Abood v. Detroit Board of Education, there will be little reason to pro-actively start or join unions, governmental or otherwise. Labor unions function on the budget of their financial dues, and as the laws stand, people working unionized occupations have to pay union dues regardless of if they’re an active member of the union. This encourages active membership, which ultimately strengthens job protections, and makes collective action like the West Virginia teacher’s strike possible.

However, if non-members are ruled exempt from paying their dues, how many people will see those $400 union dues (the average annual cost, per Adams, Nash, Haskel and Sheridan) as an unnecessary expense they just can’t afford?

Perhaps this ruling foreshadows the final death rattle of the American labor movement.

But, perhaps not: Teachers’ unions in Oklahoma, Arizona and Kentucky are currently discussing walkouts, negotiating things like pensions and salary increases with their respective state governments, doubtless inspired by the West Virginia walkout.

Though the future of worker’s rights is uncertain, if they can do it in coal country, maybe there’s hope after all.