Right to Work Constitutional Amendment Passes Tennessee House & Senate

A resolution to add Tennessee’s Right to Work law to the state constitution passed its final hurdle for the year. On Wednesday night, the Tennessee House of Representatives approved the measure by a vote of 68 ayes to 22 nays. Senate Joint Resolution 648 is sponsored by Senator Brian Kelsey (R-Germantown) and Representative Robin Smith (R-Hixon).

“This amendment will guarantee future generations of Tennessee workers their right to work, regardless of whether they choose to join a union,” said Senator Kelsey.

Earlier this year, the Tennessee Senate passed the resolution on February 10th by a vote of 24 ayes to 5 nays.

Now, the resolution will be required to pass by a two-thirds majority in the 2021 or 2022 legislation session in order to appear on the ballot for a statewide referendum in November 2022. The amendment would become part of the state constitution if adopted by a majority vote in the 2022 governor’s election.

“Since 1947, Tennessee has valued the right to work because we understand that it is truly a right,” said Rep. Smith. “Current right to work states have higher income, higher values with businesses, and higher growth in population. As other states in the country are working to repeal their right to work laws, Tennessee is strengthening our commitment to the right to work by approving this resolution.”

Tennessee’s Right to Work statute has been state law since 1947. It provides workers cannot be hired or fired based on their membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization. When introduced in 1947, supporters of the bill argued that it would “be of great advantage to the average member of organized labor.” It also protects the rights of those who choose not to join a union.

“Tennessee workers want to make their own choices in the workplace and this amendment will forever seal that right,” said Senator Bailey. “It also sends a strong message that Tennessee will continue to foster a business-friendly climate into the future for locating high quality jobs. There is no better place than our State Constitution to ensure that Tennessee remains a right to work state.”

Twenty-seven other states have Right to Work laws, and nine of those have passed constitutional amendments, including neighboring states Arkansas, Mississippi, and Alabama. The Alabama amendment passed most recently in 2016. Another neighbor, Virginia, is presently considering repealing its Right to Work statute. A constitutional amendment would offer greater protection for workers against such repeal efforts.

“Tennessee’s Right to Work laws have been critical to producing the economic growth our state has experienced over the last decade,” said Lt. Gov. McNally. “I appreciate everything Senator Kelsey has done to support the right to work in Tennessee.”

“Tennessee has been and will remain a Right to Work state,” said Speaker Cameron Sexton. “Solidifying this essential concept through this amendment will engrain this key principle of Tennessee business into our constitution. This will strengthen our economic standing, support our current and future workforces, and also ensure this state remains open for business.”

The resolution has also gained support from prominent Tennessee business leaders.

“Rhetoric from national candidates against state right to work laws has caught the attention of small businesses across Tennessee,” said Jim Brown, Tennessee State Director for NFIB. “In neighboring Virginia there is currently an effort to repeal its right to work law adopted in 1947, and in Indiana a judge ruled in 2013 that its right to work law was unconstitutional. Tennesseans simply prefer choices over mandates. For these reasons, NFIB strongly supports SJR 648, which will strengthen a key element that has made Tennessee an attractive state for businesses and workers.”

“The Tennessee Chamber and our business community has remained strongly supportive of our status as a Right to Work state which is a key component establishing the Volunteer state as friendly to business,” said Bradley Jackson, President and CEO of the Tennessee Chamber of Commerce and Industry. “Embedding Right to Work permanently in our constitution sends a strong message moving forward that Tennessee is and always will be ready for business.”

Beacon Impact, the advocacy partner of the Beacon Center of Tennessee also supports the resolution.

“While Right to Work has been the long-standing public policy of Tennessee, it is increasingly under attack,” said Justin Owen, CEO of Beacon Impact. “It is imperative that we protect the fundamental right of Tennessee workers to decide whether or not to pay union dues for generations to come, and the best way to do that is to recognize this right in our state constitution.”

There is also strong public support for the resolution. An October 2019 Beacon Center survey reported that 68 percent of Tennesseans favor the Right to Work policy, while 13 percent are opposed, and 19 percent remain undecided.