SENATE UPDATE: Proposed change to the state constitution could affect workers

By: By Sen. Kent Williams | SCNOW
Published: March 10, 2010

The Senate is considering a constitutional amendment supporters say seeks to preserve the right to a secret ballot – even in the workplace.

If approved, the measure could go before voters in November.

This joint resolution proposes to amend the South Carolina Constitution to provide that the right of individuals to vote by secret ballot is guaranteed where local, state, or federal law requires elections for public office or ballot measures, or requires designations or authorizations for employee representation.

The proposed change to the state constitution would affect workers and how unions are organized in the state. Supporters say the measure would protect the sanctity of secret elections and shield workers from threats and intimidation from union organizers.

Opponents say the proposed change is unconstitutional. In addition, critics say the constitutional amendment is an effort to make it more difficult for unions to organize in the state.

According to the U.S. Census Bureau, 7.6 percent of private-sector workers were union members in 2008. In South Carolina, the percentage was much lower. Just 2.4 percent of the private-sector workers in the Palmetto State were union members in 2008, according to Census figures.

There is a similar debate involving the ability of unions to organize ongoing in Washington, D.C.

There, congressional leaders have before them legislation called the Employee Free Choice Act. It is considered a top priority of labor unions. Labor leaders see the measure as a way to make it easier for employees to form unions and force businesses to the bargaining table.

However, private-sector leaders consider the proposed federal legislation a threat to business and economic growth. Business leaders fear the Employee Free Choice Act will subject them to more government regulation and control as well as impose new penalties upon private-sector employers.

A controversial provision of the federal proposal would allow workers to form a union if a majority of them sign cards – instead of holding a secret-ballot election – indicating their preference for one. But that provision lacks support and, according to media reports, is virtually dead.

In November, South Carolina voters may decide whether the state constitution should be changed to address this issue.