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November 8, 2022 (2022-11-08) | |||||||||||||||||||
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." | |||||||||||||||||||
| Results | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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 Yes 70–80% 60–70% 50–60% | |||||||||||||||||||
| Source:Tennessee Secretary of State[1] | |||||||||||||||||||
TheTennessee Constitutional Amendment: 1, commonly known asAmendment 1 orThe Right-to-Work Amendment, is an approvedlegislatively referred constitutional amendment to theConstitution of Tennessee that appeared on November 8, 2022. The amendment adds language to the constitution to prohibit workplaces from requiring mandatorylabor union membership for employees as a condition for employment.[2] TheU.S. state ofTennessee has been aright-to-work state by statute since 1947. However, this referendum makes the law a right and amendment written into the state's constitution.[3]
Every county in the state voted in favor of this amendment, with "Yes" getting almost 70% of the vote.
The proposal adds this language to Article XI of theConstitution of Tennessee 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."[2]
TheTennessee Secretary of State's officialsummary 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."[4]
TheTennessee Secretary of State's officialtitle 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.'"[4]
A votefor 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 voteagainst Amendment 1 opposes this amendment, while maintaining a similar right-to-work law in state statutes.
Many Tennessee politicians, the majority beingRepublican members of theHouse and theSenate, 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."[5]
The two most recentGovernors of Tennessee,Bill Lee andBill Haslam 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.[6]
Along with politicians, multiple organizations, such as theNational Federation of Independent Businesses' Tennessee chapter and the Tennessee Chamber of Commerce, endorsed "Yes on 1".[7]
When the amendment was taken upon a vote in theTennessee General Assembly, it was mostly along party lines, with the exception of a RepublicanTodd Gardenhire in the Senate, andScotty Campbell in the House voting "no." However, the majority of those who voted against the bill in the General Assembly wereDemocrats.[8]
TheAFL–CIO federation of unions,[7] and Democraticcandidate for governor Jason Martin, oppose the bill as well. One of the members of the opposition, SenatorSara Kyle, 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."[9]
The official committee in opposition to Amendment 1 was "No on 1: Tennessee for All."[10]
| 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% | 44% | 19% |
