Holding Labor Unions Accountable: Secret Ballots Only!

South Carolina is recognized nationwide as a state that emphasizes the importance of free enterprise. Businesses are attracted by our competitive tax incentives, the ability of our technical colleges to provide a skilled workforce, and our strong right-to-work culture. But economic development incentives used to lure businesses into the state—often tax breaks—are not open-ended. It is a two-way street. Businesses have responsibilities to the state that provides the incentives.

One of those responsibilities is to protect the business-friendly culture built into our laws. A major threat to that culture is aggressive labor union organizing. Oddly, some businesses would rather surrender than fight. A battleground in the struggle for the right to work is the method that is used to conduct a union organizing election. The appropriate decision-making method on the crucial question of whether to organize workers in businesses that receive tax breaks is a growing debate in labor relations policy around the country. Employees in the Palmetto State already cannot be forced to join unions or pay union dues as a condition of their employment. That is appropriate. But, South Carolina law is silent on how workers vote on whether to unionize.

We can follow the lead of Tennessee, Georgia , and Alabama, each of which has acted to require that businesses receiving tax breaks must hold secret ballot votes on any move to bring their workers into a union for collective bargaining purposes.  

A Short History of Labor Union Activity in South Carolina 

Organized labor has roots in South Carolina that can be tracked all the way back to the colonies. In Charleston, there are many documented times shipwrights, mechanics, clerks, and carpenters met for social and patriotic organization. It wasn’t until some Charleston typographers joined the National Typographical Workers Union in 1834 that South Carolina was officially introduced to labor unions. Longshoremen have been a staple of South Carolina’s economy. So, it is no surprise that a union was initiated by longshoremen in 1867. 

But along with labor unions, South Carolina was quickly introduced to strikes. Several early strikes were bloody. 

Since President Franklin Roosevelt’s New Deal, there have been a number of important developments:  

• The South Carolina Congressional delegation was split regarding the proposed Fair Labor Standards Act (1938) as most members of Congress felt it was an attempt for unions to use government power to expand and to raise wages arbitrarily to help Northern plants compete with Southern ones. 

• As permitted by the Taft-Hartley Act (1947), states were allowed to pass a “right to work” law, which South Carolina did in 1954. Among other benefits, this allowed workers to keep their jobs without joining a union, even in unionized workplaces.  

• South Carolina is one of only two states that forbid public employees from unionizing or public officials from negotiating with public unions.  

• South Carolina and North Carolina have the lowest unionization rates in the United States. Organized labor had attracted little attention in South Carolina, as there is a small number of organized workers in the state (roughly 5%).  

• This relative calm changed with unionization attempts at Boeing (2015-present) and among International Longshoremen’s Association (2024-present). 

• Scout Motors, a division of Volkswagen Group, has recently arrived in Blythewood, South Carolina, and it’s expected to bring 4,000 jobs to the Midlands. The $2 billion plant is under construction and production of vehicles is slated to begin by the end of 2026. This presents an opportunity for the United Auto Workers (UAW) to organize. In 2024, the UAW was rejected at a Mercedes plant in Alabama, but approved at a VW plant in Chattanooga, Tennessee.  

Why Secret Ballots Matter 

How can South Carolina get ready for the inevitable next attempt to organize here? One option is to prevent intimidation by union bosses that inevitably occurs in what is known a “card check.” Card check or Majority Sign Up is when employees sign authorization cards to indicate their support for a labor union. This method is fraught with problems and its use can be prevented.

Businesses that receive tax incentives are expected to operate with full transparency and fairness towards both their shareholders and their communities. This includes having a secure process for employees determining whether they wish to unionize. Secret ballots are the solution. 

A secret ballot ensures that no coercion or pressure is placed on employees and that they are free of intimidation from other employees, superiors, and union organizers. In some instances, workers may feel pressured to vote in favor of unionizing because of thuggish unionization efforts. If the ballot process is not anonymous, workers might experience concern and feel uncomfortable expressing their true opinions. 

It is important to prevent bullying and coercion in the unionization process. A transparent and anonymous voting process will prevent undue influence from outside sources and ensure workers their right to vote without fear of retribution. Legislation has passed in at least three of our neighbor states. It can be done here.