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The Tennessee Constitutional Amendment: 1, commonly known as Amendment 1 or The Right-to-Work Amendment, is an approved
legislatively referred constitutional amendment A legislative referral (or legislative referendum) is a referendum in which a legislature puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a ma ...
to the
Constitution of Tennessee The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. The original constitution of Tennessee came into effect on June 1, ...
that appeared on November 8, 2022. The amendment adds language to the constitution to prohibit workplaces from requiring mandatory labor union membership for employees as a condition for employment. The
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to ...
has been a
right-to-work state In the context of labor law in the United States, the term "right-to-work laws" refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute t ...
by statute since 1947. However, this referendum makes the law a right and amendment written into the state's constitution. Every county in the state voted in favor of this amendment, with "Yes" getting almost 70% of the vote.


Content

The proposal adds this language to Article XI of the
Constitution of Tennessee The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. The original constitution of Tennessee came into effect on June 1, ...
as follows: § 3 ''"It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization."'' The
Tennessee Secretary of State The Tennessee Secretary of State is an office created by the Tennessee State Constitution. The Secretary of State is responsible for many of the administrative aspects of the operation of state government of Tennessee. The current Secretary of ...
's official summary of the amendment on the ballot for November 8, 2022, is as follows: ''"This amendment would add a new section to article XI of the Tennessee Constitution to make it illegal for any person, corporation, association, or the State of Tennessee or its political subdivisions to deny or attempt to deny employment to any person because of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization."'' The
Tennessee Secretary of State The Tennessee Secretary of State is an office created by the Tennessee State Constitution. The Secretary of State is responsible for many of the administrative aspects of the operation of state government of Tennessee. The current Secretary of ...
's official title of the amendment on the ballot for November 8, 2022, is as follows: ''"Shall Article XI of the Constitution of Tennessee be amended by adding the following language as a new section?'' '''It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.'"'' A vote for Amendment 1 supports amending the state constitution to add a new section to make it illegal for workplaces to require mandatory labor union membership for employees as a condition for employment. A vote against Amendment 1 opposes this amendment, while maintaining a similar right-to-work law in state statutes.


Supporters

Many Tennessee politicians, the majority being Republican members of the
House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air ...
and the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
, voiced their support for the amendment. The sponsor of the amendment in the State Senate, Brian Kelsey, said, "The Tennessee right-to-work law states that workers cannot be hired or fired, or in any way discriminated against based on whether or not they are a member of a union. I think that this right is an important enough civil right that it belongs in our state constitution." The two most recent
Governors of Tennessee The term of the governor of Tennessee is limited by the state constitution. The first constitution, enacted in 1796, set a term of two years for the governor and provided that no person could serve as governor for more than 6 years in any 8-year ...
, Bill Lee and
Bill Haslam William Edward Haslam (; born August 23, 1958) is an American billionaire businessman and politician who served as the 49th governor of Tennessee from 2011 to 2019. A member of the Republican Party, Haslam previously served as the 67th mayor of ...
were members of the committee that supported Amendment 1, which was known as "Yes on 1". The incumbent governor, Lee, was the statewide chairman of the committee, while Haslam, the Governor of Tennessee from 2011-2019, was the treasurer. Along with politicians, multiple organizations, such as the
National Federation of Independent Business The National Federation of Independent Business (NFIB) is an association of small businesses in the United States. It is headquartered in Nashville, Tennessee, with offices in Washington, D.C., and all 50 state capitals. The goal of NFIB is to a ...
es' Tennessee chapter and the Tennessee Chamber of Commerce, endorsed "Yes on 1".


Opponents

When the amendment was taken upon a vote in the
Tennessee General Assembly The Tennessee General Assembly (TNGA) is the state legislature of the U.S. state of Tennessee. It is a part-time bicameral legislature consisting of a Senate and a House of Representatives. The Speaker of the Senate carries the additional title ...
, it was mostly along party lines, with the exception of a Republican
Todd Gardenhire Todd Gardenhire (born May 7, 1948) is an American politician and a Republican member of the Tennessee Senate representing District 10 since January 8, 2013. Education Gardenhire earned his B.S. in business administration from the University o ...
in the Senate, and Scotty Campbell in the House voting "no." However, the majority of those who voted against the bill in the General Assembly were Democrats. The
AFL–CIO The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) is the largest federation of unions in the United States. It is made up of 56 national and international unions, together representing more than 12 million ac ...
federation of unions, and Democratic candidate for governor Jason Martin, oppose the bill as well. One of the members of the opposition, Senator
Sara Kyle Sara Peery Kyle (born October 21, 1952) is an American attorney and politician, and currently represents the 30th district in the Tennessee Senate. She became the second woman to elected to statewide office in Tennessee when she won the race fo ...
, said, "Right-to-work is a false slogan. The true effect of this legislation is to destroy the freedom and power of collective bargaining. Collective bargaining has lifted millions of workers out of poverty and provided families with health care and dignity in retirement. That gives big corporations the upper hand." The official committee in opposition to Amendment 1 was "No on 1: Tennessee for All."


Endorsements


Polling

{, class="wikitable" , + !Poll source !Date(s) administered !Sample size !Margin of error !For Amendment 1 !Against Amendment 1 !Undecided , -
RABA Research
, October 20–21, 2022 , 549 (LV) , ± 4.2% , style="background: rgb(153, 255, 153);" , 44% , 19% ,


See also

*
2022 Tennessee elections Tennessee state elections in 2022 were held on Tuesday, November 8, 2022. Primary elections for the United States House of Representatives, governorship, Tennessee Senate, and Tennessee House of Representatives, as well as various judicial rete ...


References

2022 in Tennessee Tennessee law Legislatively referred ballot measures United States labor law Right-to-work law Trade union legislation U.S. state constitutional amendments