California Proposition 18 (1958)

California Proposition 18 was on the November 4, 1958 ballot in California 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.”^[1]

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”.^[1]

Background

Unions started to gain ground following the passage of several governmental acts such as the Railway Labor Act of 1926, Wagner Act of 1935, and the Taft Hartley Act of 1957. The newly empowered unions would be able to engage in union shop activities due to the nature of these acts.^[2] 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. The creation of the McClellan Committee, 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.^[1] 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.^[1]

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.^[1] This amendment would consequently protect workers from the unfair practices and corruption of employers and union officers.

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.^[1] 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 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.^[1] According to opponents of the measure union open shop is therefore “the American, democratic way” as well.^[1]

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.^[1]

Results

California Proposition 18 was defeated in the general elections of 1958 on November 4. It was defeated by the efforts of unions and civil rights groups who fought to maintain the status quo with overwhelming control over employment in the hands of the union. The labor issue created a rift in the Republican Party caused by the rivalry of Governor Goodwin J. Knight and Senator William F. Knowland would create a shift in the political tide in favor of the Democrats.^[3] 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.^[3]

References