California Proposition 18 was on the November 4, 1958
California ballot measure
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote (or plebiscite). If passed, it can alter one or more of the articles of the Constitution of Cal ...
as an initiated constitutional amendment. This measure is more commonly referred as the "right to work" law and would have added a new provision, Section 1-A to Article 1 of the State Constitution. The amendment would “prohibit employers and employee organizations from entering into collective bargaining or other agreements which establish membership in a labor organization, or payment of dues or charges of any kind, as a condition of employment or continued employment.”
That is, making union membership voluntary, rather than compulsory, for employment.
The proposition would also declare certain practices unlawful such as those practices relating to membership in labor organizations. It also provides for injunction and damage suits against any individuals or group found to violate or attempt to violate the amendment. Proposition 18 also provides the definition for a “labor organization”.
The proposition did not pass.
Background
Unions started to gain ground following the passage of several governmental acts such as the
Railway Labor Act of 1926
The Railway Labor Act is a United States federal law on US labor law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration, and med ...
,
Wagner Act of 1935
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
, and the
Taft Hartley Act of 1947. The newly empowered unions would be able to engage in
union shop
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union memb ...
activities due to the nature of these acts. With negotiating power now firmly in the hands of union officials and employers a growing concern about the power of employment and safety of workers' rights loomed. There was a shift from craft-unions to industrial-unions, ultimately changing the population of union members from approximately 3,000,000 in 1935 to 15,000,000 in 1945. Labor unions had more power than they ever did before. In response to these major changes, Congress passed the
Taft-Hartley Act of 1947.
The
Taft-Hartley Act of 1947, still in effect today, forbids certain practices by unions, including forcing workers to join a union, and allowed states to elect to pass
right-to-work laws
The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized i ...
.
The creation of the
McClellan Committee
The United States Senate Select Committee on Improper Activities in Labor and Management (also known as the McClellan Committee) was a select committee created by the United States Senate on January 30, 1957,Hilty, James. ''Robert Kennedy: Brot ...
, which was a select committee in charge of investigating the extent of corruption in labor-management relations, would expose many corrupt bosses and labor unions.
This national issue would be decided on the state level.
Proponents
Proponents of the constitutional amendment argued that all workers should have the right to elect whether or not they join a labor organization. Supporters of the proposition believed that voluntary unionism would provide a safeguard against the exploitation that could arise from monopoly control of employment.
Those who supported the measure reasoned that it would grant workers the freedom of choice that was guaranteed in the U.S Constitution to all American citizens.
This amendment would consequently protect workers from the unfair practices and corruption of employers and union officers.
Supporters also claimed that passing the right-to-work law in California would help rid of disloyal union leaders.
Supporters include:
*William Jennings Bryan Jr., Co-chairman of Southern California section of Californians for Yes on Prop 18, son of
William Jennings Bryan
William Jennings Bryan (March 19, 1860 – July 26, 1925) was an American lawyer, orator and politician. Beginning in 1896, he emerged as a dominant force in the History of the Democratic Party (United States), Democratic Party, running ...
*
Irene Dunne
Irene Dunne (born Irene Marie Dunn; December 20, 1898 – September 4, 1990) was an American actress who appeared in films during the Golden Age of Hollywood. She is best known for her comedic roles, though she performed in films of other gen ...
, honorary chairmanship of Women’s Division for Californians yes on Prop 18
* August E. Sommerfield, Former Steward, Local 170,
Sheetmetal Workers Unions
* Arthur E. Simpson, Member, Local 770,
Retail Clerks Union, California Coordinator, Committee for Democracy in Labor Unions
*Howard B. Wyatt, Member, Local 626,
Teamsters
The International Brotherhood of Teamsters (IBT), also known as the Teamsters Union, is a labor union in the United States and Canada. Formed in 1903 by the merger of The Team Drivers International Union and The Teamsters National Union, the u ...
Union Executive Secretary, Committee for Democracy in Labor Unions
Opponents
Opponents argued that, the so-called “right to work” measure would jeopardize California's economy and pit employers and employees against one another during a time when there is a fluctuating national economy and international tension.
The resulting tension between employers and employees would destroy industrial relations
The measure was deemed immoral and ran contrary to the U.S democratic system. The U.S government is based on the principle of majority rule and according to the
Taft Hartley Act Taft most commonly refers to William Howard Taft (1857–1930), 27th president of the United States.
Taft may also refer to:
People
* Taft (surname), including a list of people with the name
* Taft family, a political dynasty that includes Pr ...
states that union open shop can only exist where there is majority rule because the majority of employees has chosen a single union as their bargaining agent.
According to opponents of the measure union open shop is therefore “the American, democratic way” as well.
Opponents of Proposition 18 quote statistics from the U.S Department of Commerce that reveal California's per capita income is 60 percent larger than those states who passed such “right to work” measures. Therefore, passage of the proposition would lower income and profits of all professional persons.
Opposition includes:
*
President Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
*
Adlai Stevenson
*
Vice President Nixon
*
Chief Justice Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitution ...
*
Governor Goodwin J. Knight
*
Attorney General Edmund G. Brown
*Benjamin H. Swig, President Fairmont Hotel Company, San Francisco
*Charles J. Smith, Director District 38,
United Steelworkers of America
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headquar ...
*C.J. Haggerty, Secretary- Treasure
California State Federation of Laborref name="UCHastings Law Library"/>
*Church Federation of Los Angeles
*The Board of Rabbis of Southern California
*The Catholic Council on Working Life
*The Catholic Labor Institute and the National Catholic Welfare Conference
*Religious affiliates, including Catholic, Protestant, and Jewish institutions
Spending
Opponents of Prop. 18 recorded spending $1,250,000 against the measure, according to the Secretary of State's office. Their receipts totaled $1,523,653, while spending $1,241,196. Supporters of Prop. 18 recorded their receipts to total $507,053 and spending $390,419.
Prop. 18 opposition outspent the supporters three to one. It was reported that
General Electric
General Electric Company (GE) is an American multinational conglomerate founded in 1892, and incorporated in New York state and headquartered in Boston. The company operated in sectors including healthcare, aviation, power, renewable energ ...
was the biggest supporter of the proposition residing outside of California, with the majority being spent on advertising. The largest out-of-state check written for the opposition was by the National Council for Industrial Peace in Washington.
Results
California Proposition 18 was defeated in the general elections of 1958 on November 4. The vote was 2.079.975 for (40,4%) and 3.070.837 against (59,6%).
It was defeated by the efforts of unions and civil rights groups who fought to maintain the status quo, maintaining union strength. The labor issue created a rift in the Republican Party caused by the rivalry of Governor
Goodwin J. Knight
Goodwin Jess "Goodie" Knight (December 9, 1896 – May 22, 1970) was an American politician who served as the 31st governor of California from 1953 until 1959. A member of the Republican Party, he previously was the 35th lieutenant governor ...
and Senator
William F. Knowland would create a shift in the political tide in favor of the Democrats.
[Anderson, Totton J. "The 1958 Election in California." The Western Political Quarterly , Vol. 12, No. 1, Part 2 (Mar., 1959), pp. 276-300] The liberal Democrats would remain firm and united in opposing the proposition, which would pay off with
Edmund G. Brown winning the governorship of California and political control of California being held firmly in the hands of the Democratic party.
References
{{Reflist
1958 California ballot propositions
History of labour law
Failed amendments to the Constitution of California
Initiatives in the United States
Politics of California