By Molly Parker and Francis B. Allgood
mparker@scbiznews.com
fallgood@gsabusiness.com
Published Feb. 6, 2009

South Carolina continues to have one of the least-unionized work forces in the nation, with membership decreasing in 2008 despite a slight uptick in the number of organized workers nationally.

The U.S. Department of Labor reported last week that 12.4% of the nation’s work force belonged to a union in 2008, up from 12.1% the previous year. The total number of workers belonging to a union rose by 428,000 to 16.1 million.

South Carolina joins five other states with union membership rates less than 5%. In 2008, 3.9% of the work force belonged to a union, or about 70,000 people total. That decreased from a unionization rate of 4.1% in 2007 but is up slightly from 2005, when 2.3% of the work force belonged to a union.

An additional 35,000 workers in South Carolina were represented by a union in 2008, even though they did not officially belong to a union. Any contract agreed upon between a union and a company must apply to all workers, not just dues-paying members. In South Carolina, a right-to-work-state, contracts mandating union membership for employment are against state law.

Unions in the spotlight
The role of unions has been thrust into the spotlight lately, both nationally with regard to Detroit’s auto woes, and locally, when Maersk Line blamed the International Longshoremen’s Association for its decision to stop calling on the Port of Charleston when its contract expires at the end of 2010.

Opinions vary widely across the nation about the impact unions make on a local economy — whether they help or hurt.

“We’ve seen that states with higher union densities tend to earn better wages and have better access to health care than nonunionized states,” said Josh Goldstein, spokesman for American Rights at Work. “If people are given access to unions — really free and fair access to unions — I think we will see more people joining unions as a way to help themselves in this economic downturn.”

The group, based in Washington, D.C., advocates for workers’ rights to bargain and organize and is pushing for congressional approval of the federal Employee Free Choice Act. The controversial legislation is aimed at making the process of unionizing easier for workers.

But in South Carolina, economic development officials highlight the state’s low unionization rate as a means to entice businesses to locate here. And several S.C. lawmakers, determined to keep that carrot in place, are taking steps to fight the federal legislation.

Secret ballots
As it stands, the Employee Free Choice Act has several provisions. It would impose stiffer penalties on employers acting illegally during a union campaign, and it would allow either the union or company to solicit the help of a federal mediator if an initial contract agreement cannot be reached within 90 days.

The piece of the bill getting the most attention, however, is one that would require an employer to recognize a union if the majority of workers sign an authorization card. The current law allows for this, but it also gives employers the ability to require a secret-ballot election, which they often do.

Last month, S.C. Rep. Eric Bedingfield, R-Greenville, introduced a measure that would amend the state constitution to guarantee the right to vote by secret ballot. Several dozen lawmakers have since signed on to the effort.

“Whether it is to elect a president or vote one’s preference on union organizing, the sanctity of the ballot box is critical,” said Sen. Greg Ryberg, R-Aiken.

Intimidation on both sides
Within the union debate, both sides argue unfair methods of intimidation. Union officials say supervisors threaten workers in meetings leading up to the election. Companies say they have the right to argue their case and believe union organizers use peer pressure to get signatures.

If the secret ballot measure is passed in Columbia, the citizens of South Carolina would vote on the matter in the 2010 election.

“It sends a strong message to their federal representatives that this is what the state feels, that they do not support the elimination of the secret-ballot vote,” said Michael Carrouth, a labor lawyer with Fisher & Phillips LLP in Columbia.

But a message might be all it will become. Should the act pass, federal law typically trumps state law in regard to labor regulations.

“It’s tough to avoid pre-emption, but that’s possible,” Carrouth said, adding that the Palmetto State is one of several attempting to craft a bill that’s strong enough to stand up against the act. “Some of the groups that are helping the states evaluate this believe they can defend against a pre-emption attack.”

Six states had union membership rates below 5%:

About half of the total union members live in six states:

Reach Francis B. Allgood at 864-235-5677. Reach Molly Parker at 843-849-3144.