Should New Hampshire become a Right-to-Work state?

New Hampshire nearly became the 23rd state in the nation to enact a Right-to-Work law, but Governor John Lynch vetoed HB 474 on May 11, 2011. Another attempt at a Right-to-Work law, HB 1677, was introduced in the 2012 legislative session and passed the House by less than a veto-proof majority.

After much anticipation, the House on Nov. 30, 2011 sustained Lynch's veto by a 240-139 vote, short of the required two-thirds majority needed to override.

“It was clear from the moment that both the House and Senate overwhelmingly passed Right to Work Legislation in an attempt to create more jobs, that Governor Lynch's veto was bought and paid for by the unions of this state through hundreds of thousands of dollars in campaign donations.  We have tremendous respect for our public sector employees but it is clear that Governor Lynch and the majority of union leadership do not share the same priority as we do when it comes to job creation," Majority Leader D.J. Bettencourt said in a statement.

He promised the right-to-work measure would appear again on the GOP agenda.

HB 474 would have prohibited collective bargaining agreements that require employees to join a labor union. It also prohibited unions from charging non-members agency fees, aimed at covering the costs of contract negotiations. Under the legislation, anyone who intimidated non-members would be guilty of a misdemeanor and subject to a $1,000 fine.

Supporters of right-to-work legislation claim it promotes businesses to hire employees and eliminates union intimidation.

Republican state Rep. Will Smith of New Castle, primary sponsor of the measure, said:

"We're trying to make changes to attract new businesses and bring jobs into the state.”

Opponents believe such laws lead to lower wages and fewer benefits. As for increasing the number of jobs, many argue that New Hampshire's unemployment rate is below that of right-to-work states.

New Hampshire AFL-CIO President Mark MacKenzie said in an interview that the union environment helps stabilize and grow a workforce. He said the “right-to-work” law would be disruptive.

"Here's a situation where you have people who are in a bargaining unit and what they try to do then is move out of the bargaining unit, say they don't want to be a member of the union, say they don't want to contribute to an organization from which they directly benefit," MacKenzie said. "It really doesn't promote labor peace in the workplaces, and it really is disruptive overall."

The House adopted HB 474 in February on a 221-131 vote. The Senate passed it in April by a 16 to 8 vote.

Gov. John Lynch issued the following statement regarding his veto:

"States should not interfere with the rights of businesses and their employees to freely negotiate contracts. That is unless there is a compelling public interest, and there is no compelling public interest in passing this legislation."

On Nov. 30, the House failed to override Lynch's veto, after a 240-139 vote.

2012
In January 2012, New Castle Republican Rep. William Smith sponsored House Bill 1677, which prohibits collective bargaining agreements that require employees to join a labor union, while also providing that no public employee labor organization shall be required to represent employees who elect not to join or to pay union dues. The bill passed 198-139 on March 14, short of the two-thirds majority needed to overturn a likely veto by Gov. John Lynch (based on his veto of 2011's Right-to-Work legislation).