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Michigan lawmakers repeal right-to-work, revive prevailing wage

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The Detroit News | March 21, 2023
Beth LeBlanc & Craig Mauger

Lansing — The Democratic-led Michigan Legislature voted along party lines Tuesday on landmark legislation to restore prevailing wages for state construction projects and repeal the right-to-work law that barred union contracts from requiring membership fees as a condition of employment.

The Michigan Senate took a final vote on the bill to repeal the right-to-work law for private employers and sent the measure to Gov. Gretchen Whitmer’s desk on Tuesday afternoon. The Senate passed the bill 20-16 along party lines after the legislation cleared the House in a 56-52 party-line vote.

The House on Tuesday also approved two other labor bills in the package, one House bill that helps to require union-rate wages for public construction jobs and another bill that would repeal right-to-work for public sector employees.

The votes Tuesday were significant for the labor movement nationally, said Ron Bieber, president of the Michigan American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

“It’s a huge day for the working people of Michigan,” Bieber said.

Rep. Regina Weiss, the Oak Park Democrat who sponsored the public sector right-to-work repeal, said the final passage of the bills Tuesday delivered on changes promised by the new Democratic majorities when they took office in January. Weiss rejected arguments that the right-to-work repeal would hurt the state’s economy.

“To me, it’s not a choice,” Weiss said. “You don’t have to choose to support business and then also choose to screw over workers. You can support business, you can support workers at the same time.”

The legislation headed to Whitmer’s desk would allow union contracts to require workers to pay agency fees for the cost of representation at the bargaining table with their employer.

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Commentary: Results in states that repealed their prevailing-wage laws aren’t pretty

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Crain’s Chicago Business
January 30, 2023 | Frank Manzo

A good rule of thumb in policymaking is “first, do no harm.” When elected leaders fall short, the genius of our system is that we have the opportunity to course correct, either at the ballot box or by demanding legislative change.

In the case of states that repealed laws governing who can win bids on public infrastructure projects, the data overwhelmingly suggests that such a correction is warranted.

Between 2015 and 2018, six U.S. states—Indiana, Wisconsin, Michigan, Kentucky, West Virginia and Arkansas—each repealed their state prevailing-wage laws that established minimum labor standards on taxpayer-funded projects like roads, bridges, schools and water infrastructure. All did so promising to save money, including by “building five schools for the price of three.”

The problem is: it never happened. As one Indiana Republican lawmaker put it, “we got rid of prevailing wage and, so far, it hasn’t saved us a penny.” His conclusions were ultimately confirmed by the Indiana Department of Labor.

In Wisconsin, a study that examined highway projects pre- and post-repeal showed that the state not only failed to save money, but that it might have increased cost overruns. In West Virginia, the School Building Authority similarly concluded that prevailing-wage repeal was not saving taxpayers any money. The list goes on.

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That’s why researchers at the Illinois Economic Policy Institute and the Project for Middle Class Renewal at the University of Illinois Urbana-Champaign recently compared construction labor market outcomes in repeal states against the states that maintained their prevailing-wage laws.

The results are not pretty.

Compared to states that maintained their prevailing-wage laws, construction wage growth lagged by 4% to 13% in repeal states. Construction employment growth and workforce productivity were slower as well. On-the-job fatalities increased by 14%. Repeal created unnecessary hardships for blue-collar workers struggling to keep up with rising costs.

Repeal also imposed new burdens on taxpayers. Local businesses won fewer projects, with more than $1 billion in taxpayer dollars being exported to out-of-state contractors annually. And, instead of delivering any project savings, repeal states saw the number of construction workers relying on food stamps and other government assistance programs grow as job quality eroded.

The bottom line is that market standards and job quality matter. Especially in construction, where competence can be a matter of life and death and a lack of job quality only makes it harder to attract skilled workers to in-demand and physically challenging occupations.

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Time to undo prevailing wage debacle [Opinion] (WV)

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By Rick Wilson
Nov 5, 2019

In 2016, the West Virginia Legislature repealed the state’s prevailing wage law, which set pay standards for workers on public construction projects.

The intent of prevailing wage laws was to prevent these projects from turning into a race to the bottom, with out-of-state contractors profiting at the public expense by underbidding local businesses and importing low wage, low skill workers laboring under unsafe conditions.

The idea for that kind of legislation didn’t come from a bunch of labor radicals. Rather it was the brainchild of two Republican U.S. senators, James J. Davis of Pennsylvania and Robert L. Bacon of Long Island, New York.

In 1927, Bacon was angered to learn that an Alabama contractor won a bid to build a veteran’s hospital in his district, bringing in poorly treated workers to do the job. In his words, they were “herded onto this job, they were housed in shacks, they were paid a very low wage, and … it seems to me that the federal government should not engage in construction work in any state and undermine the labor conditions and the labor wages paid in that state.”

In his view, setting locally based wage standards for public projects would ensure fairness and allow local and distant contractors to compete for bids on an equal basis.
Davis believed that the government had a responsibility to “comply with the local standards of wages and labor prevailing in the locality where the building construction is to take place.”

Their legislation, known as the Davis-Bacon Act, was passed in congress in 1931 and became the model for state prevailing wage laws, including the one that used to protect West Virginia’s workers and contractors.

Opponents of the legislation, who, as far as I can tell, are also opponents of working people generally, argued that repealing the legislation would save taxpayers money.
For example, Senate Finance Committee Chairman Craig Blair, R-Berkeley, argued at the time that “without prevailing wage, you could build five schools for the price of three.” He also claimed that the repeal would save the state $200-300 million annually.

If that really happened, the state would have a huge budget surplus. Instead, the governor has ordered $100 million in cuts due to a budget shortfall.

And the School Building Authority reported in 2017 that, while workers’ wages had gone down on school projects since repealing prevailing wage, “the overall cost of school construction does not reflect a reduction of overall construction costs on SBA projects at this time. At this time the SBA is not realizing an overall savings that would allow for the construction of ‘five new schools for the price of three,’ as some have previously claimed.”
What did go down were the inflation-adjusted wages of carpenters, electricians and operating engineers.

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This Labor Day, parade passes West Virginians by (WV)

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Sep 1, 2019

The first Labor Day was celebrated in New York City in 1882. The highlight of the day included a parade by thousands of workers from city hall to Union Station. But with the repeal of prevailing wage, the parade is passing most West Virginians by this holiday weekend.

Prevailing wage is the local “going rate” for construction work. Essentially, it is a market-based minimum wage with benefits for local construction workers.
Since 1931, both under Republican and Democratic control, Congress has made a federal prevailing wage the law of the land. Prevailing wage receives strong bipartisan support because it creates a level playing field for contractors by ensuring that public expenditures reflected local market standards for compensation and craftsmanship.

But leaders in the West Virginia Legislature decided to march to the beat of a different drum by tossing out the going rate altogether.

Many argued the state could further stretch its tax dollars by building five new schools for the price of three. However, a recently released study finds that West Virginia taxpayers saved absolutely nothing from prevailing wage repeal.

Conducted by the University of Missouri-Kansas City and the Midwest Economic Policy Institute, the study determines that not only has the state failed to save any money, it backs up a previous report by the West Virginia School Building Authority (SBA).

(Read More)

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Editorial: Wages are low enough (IN)

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Kokomo Tribune
Oct 13, 2019

Many of us are earning what we made last year, maybe even the year before that.

By many measures the economy is improving: the unemployment rate continues to edge down to historic levels while job growth is up. But one stubborn indicator of recovery remains stagnant: Wages in the U.S. have been low and relatively flat since 2009.

Workers’ share of corporate income has plummeted dismally in the past 25 years, according to the Economic Policy Institute, a nonprofit, nonpartisan think tank dedicated to economic policy discussions. The Great Recession, from 2007 through 2012, put significant downward pressure on pay.

Yet in 2015, the Indiana Legislature ended the common construction wage. The Republican-led initiative did away with a state law setting the minimum wage that contractors working on public projects must pay.

Supporters suggested the local boards that determine the wage were artificially inflating wages and said elimination of the provision would lower project costs and save taxpayer money.

A study released only last year indicates the opposite is true.

A Midwest Economic Policy Institute study released in January 2018 said repeal of the prevailing-wage law in Indiana “has failed to produce any taxpayer savings on school construction projects and has had a negative effect on wages, job growth, productivity and other economic and industry indicators.”

The study, which included the work of Colorado State University-Pueblo economics professor Kevin Duncan, found:

* An 8.5% drop in wages in blue-collar construction jobs.

* A 15.1% drop in wages for the lowest-paid construction workers.

* A 5.3% slower rate of productivity compared to neighboring Midwest states with prevailing wage laws.

* A 1.5% slower rate of job growth in public works than neighboring Midwest states.

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New West Virginia study finds repeal of prevailing wage saved taxpayers no money (WV)

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by Jake Jarvis
May 21, 2019

CHARLESTON – Officials with the West Virginia State Building Trades Council and Affiliated Construction Trades say lawmakers should consider reinstating the prevailing wage law in light of a new study.

The study, published this month by a researcher from Missouri University and the Midwest Policy Institute, found that repeal of the prevailing wage law “had negative impacts for West Virginia’s construction workers, contractors and communities while failing to deliver any meaningful cost savings.”

Steve White, director of the ACT, said in a press conference Tuesday afternoon that the promised results of repealing the prevailing wage law have not been realized.

The law required that workers on state-funded construction projects be paid a so-called prevailing wage, which was calculated by state officials after determining the usual pay rate on such projects in West Virginia.

Proponents of repealing the 1933 law said it would reduce construction costs, but opponents said repealing it would allow out-of-state companies to come to West Virginia and undercut companies here by bidding far below them.

Luther Lasure, director of the Kanawha Valley Builders Association, said that’s exactly what happened.

He said there have been more out-of-state contractors winning bids for state-funded projects. And he said said those out-of-state companies don’t have as much of an incentive to do quality work, since they don’t actually live in the community.

Lasure said that, as uncomfortable as it is to admit it in a press conference full of union officials and supporters, he’s a member of the Republican Party, the party that repealed the prevailing wage. Despite this, he said he believes in listening to the data and the data shows the repeal has hurt workers.

“The taxpayers are not saving any money, but wages have been cut dramatically,” White said.

White called on legislative leaders to “correct course” and reverse the “terrible mistake” they enacted with repealing prevailing wage in 2015.

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RESULTS OF THE REPEAL – DID IT WORK? (IN)

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Nick Dmitrovich
October 12, 2018

A few weeks ago, Indiana passed the third anniversary mark since state legislators repealed the common construction wage law. Back in July of 2015, when the repeal went into effect, the intent was to provide financial relief for taxpayer-funded projects by reducing costs associated with construction wages.

At the time, former Governor Mike Pence, a major supporter of the repeal, said that “wages on public projects should be set by the marketplace and not by government bureaucracy.” During the campaign to get the repeal passed, supporters said the bill would help “cash-strapped” schools and other institutions keep project costs down.

So, now that a few years have gone by and data has had the chance to be developed, the big question is: Did it work? Did the repeal save public institutions the money it was supposed to?

Earlier this year, a report from the Midwest Economic Policy Institute (MEPI) straightforwardly titled “Effects of Repealing Common Construction Wage in Indiana” detailed the types of changes the repeal brought about across ten different construction market attributes. MEPI specializes in infrastructure investment and construction industry research.

To put it plainly, their report was a brutal look at the decision’s shortcomings and the damage its done to the construction industry.

“Repeal of common construction wage has led to a host of negative impacts on workers and the construction industry – including lower wages and more income inequality – while failing to deliver any meaningful cost savings or increased bid competition promised by those in favor of repeal,” researchers wrote.

Let’s take a look at the ten construction outcomes that researchers studied and how they have been impacted.

Construction Wages

Right off the bat, it’s fairly plain to see the people most impacted by the repeal are Indiana construction workers themselves, and vicariously their families. Just how much? A straight-up loss of 8.5 percent, even accounting for all the various factors that affect a person’s hourly wage (such as age, race, union membership, and other factors).
This wasn’t just a fact reflected in this report alone, it was actually predicted in additional research reports published at various times before and after the repeal went into effect (MEPI, Manzo, Bruno, Littlehale, et. al)

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On issue of prevailing wage, Minnesota succeeds where neighboring states have failed (MN)

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By Frank Manzo IV and Kevin Duncan. July 30th, 2018

A legislative virus that is shrinking middle-class incomes, eliminating jobs and causing skilled workforce shortages is spreading across the Midwest. It’s called repeal of state prevailing wage laws.

Prevailing wage laws establish local minimum wage rates for the skilled workers that build our schools, highways, bridges and other critical infrastructure Since 2015, three Midwest states (Michigan, Wisconsin and Indiana) have repealed their prevailing wage laws, and even more have tried to weaken them.

Minnesota has not. And a growing body of evidence tells us why the Gopher State has it right.

First, eliminating prevailing wage doesn’t save taxpayers money. Recent research out of Indiana showed no difference in construction costs before and after repeal of prevailing wage. Additionally, that state’s Assistant Republican House leader has publicly acknowledged that repeal “hasn’t saved a penny.” This is because labor represents only 23 percent of the total cost of a construction project. It is simply not possible to find significant cost savings by cutting worker wages and benefits.

Instead, research shows that when you eliminate the wage floor, any savings disappear due to a host of new problems. For example, arbitrary wage cuts discourage local skilled workers from pursuing careers in the construction trades; and these workers are often replaced by lower-skilled workers from out of town. Costly impacts in the form of lower productivity, more jobsite injuries and increased reliance on social safety net programs more than offset any savings from paying lower wages.

And repeal invites even larger consequences for the local economy.

In a study released this month, we examined hundreds of school construction bids over a three-year period in the Twin Cities area. We found that prevailing wage increases the share of construction value completed by local contractors by 10 percent. If prevailing wage were to be repealed, the tax dollars that employ local workers – and the ripple effects from their spending as consumers – would be exported out of the local community. In fact, we found that Minnesota’s prevailing wage law ultimately strengthens the economy and creates 7,200 jobs statewide.

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Prevailing wage supporters launching counter-petition (MI)

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Jonathan Oosting
Updated 11:25 p.m. ET Dec. 7, 2017

Lansing – A coalition of construction unions and contractors are launching a petition drive for an initiative to preserve Michigan’s prevailing wage law, an attempt to thwart a separate petition drive seeking repeal.

The state’s Republican-led Legislature could decide early next year whether to scrap the 1965 law, which requires union-rate wages and benefits on state-financed or sponsored construction projects.

But the Michigan Prevails coalition and the Protect Michigan Jobs ballot committee are urging legislators against taking up the repeal initiative.

“They can do what they want to do, but make no bones about it, we are not going to take this lying down,” said Patrick Devlin, secretary-treasurer of the Michigan Building and Construction Trades Council, who is helping organize the counter-petition.

The Protect Michigan Taxpayers ballot committee, funded largely by an association representing contractors who do not use union labor, last month submitted more than 380,000 signatures for a repeal plan. If approved by the Board of State Canvassers, the measure would advance to legislators.

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“This isn’t just about the unions,” said Mike Crawford, executive director for the Michigan Chapter of the National Electrical Contractors Association. “This is very much a business issue. The prevailing wage law … makes sure that public construction projects are bid on an equal footing, at least as far as labor is concerned.”

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Study shows prevailing wage led to more work done at a lower price (MI)

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By Erika Geiss
Jan 24, 2018

The word “Michigan” is practically synonymous with building and manufacturing.

From the auto industry that made our state famous to the “mighty” Mackinac Bridge that travelers still marvel at decades after its construction, our skilled tradesmen and women have driven us forward practically since statehood.

Yet we have trouble filling jobs in the skilled trades. It’s expected that Michigan will add 15,000 jobs in the professional trades every year through 2024, but we lack people with the training and experience to fill them.

One of the incentives these jobs offer is a good salary. That’s why it’s even more astonishing that special interests are trying to repeal Michigan’s prevailing wage law. These special interests, mostly contractors who hope to be able to pay their employees less, have worked to gather signatures to put the issue before the state Legislature or on the 2018 ballot.

Contrary to what you might have heard, the law doesn’t force companies to pay workers union wages or require that only union workers be hired for a construction job. It stipulates that for state-funded work projects, employees receive a pay rate based on a survey of actual wages and benefits in the area.

Studies suggest that if Michigan’s prevailing wage law is repealed, salaries for construction workers would drop by 20 percent to 50 percent. Just think about what it would be like to have your salary cut in half. Would you want to stay in that job? Most likely, you’d be looking for a new line of work. At a time when Michigan is trying to attract more skilled trades workers, repeal would be a terrible mistake.

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Not only does prevailing wage ensure a good quality of life for people who choose these careers, it ensures that our roads and schools are built on time and on budget. It allows the workers to provide for their families and support local businesses while laying the groundwork – quite literally – for a well-built Michigan that will attract further investment.

We must protect Michigan’s prevailing wage law.

State Rep. Erika Geiss (D-Taylor) represents the 12th District.

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