Alabama lawmakers are poised to adopt a measure Democratic critics derided Tuesday as “anti-union” amid a rising current of unionization efforts at automobile manufacturers including a crucial vote next week at a Mercedes Benz plant in Vance.

Alabama Gov. Kay Ivey could soon sign SB231, after it received a 72-29 vote on the Alabama House floor following a spirited debate that included jabs at Alabama’s history toward thwarting unionizing efforts.

It was the second time in two weeks that the House debated and voted on the bill, as Tuesday’s version is considered a final version adopted out of a join House and Senate conference committee.

Alabama is one of 27 “right-to-work” states, allowing employees to refrain from union membership. The state enshrined its pushback from unions in 2016, when voters overwhelmingly approved a constitutional amendment that guarantees that workers in Alabama cannot be forced to join labor groups or pay dues, even if their employer is unionized.

“Alabama doesn’t like unions, and the governor made a statement a few weeks ago that she didn’t want the union,” said Rep. Berry Forte, D-Eufaula, who was once a longtime member of the United Steelworkers. “Why is the South so afraid of unions?”

Ivey is expected to sign the legislation. She blasted efforts by United Auto Workers (UAW) earlier this year, saying their effort places Alabama’s “model for economic success” as “under attack.”

Disqualifying incentives

Under SB231, economic incentives the state approved to lure a company to Alabama would be withheld if the firm voluntarily recognizes a union or does not hold a secret ballot during union elections. Union elections are typically done through secret ballots.

Also disqualifying is if a company voluntarily discloses an employee’s personal contact information to a labor organization or a third-party acting on behalf of a labor group without the employee’s prior written consent.

The Alabama Department of Revenue would be charged with handling investigations into potential violations, according to the bill.

The bill sets a date of Jan. 1, 2025, to revoke economic incentives. In other words, any benefits given to companies before New Year’s Day would be protected from the bill.

That date is notable given that a key union vote is set to occur next week at the Mercedes Benz plant in Vance that involves approximately 5,000 employees. The auto manufacturer, which operates the plant a 25-minute drive east of Tuscaloosa, won a $253 million economic package from the state in 1993.

A union drive is also underway at the Hyundai plant in Montgomery. Under federal law, workers can request unionization if 30% of workers at a specific workplace sign union authorization cards. The UAW said it requests elections once it gets 70% backing for union support at a specific workplace.

“If UAW gets a foothold in Alabama, all of the rest of the companies will organize right behind them,” Forte said. “They will have a good contract. I know the governor is shaking now. It probably will pass.”

Other Democratic lawmakers questioned the intent of the legislation. Similar legislation is under consideration in Georgia and Tennessee. The UAW recently scored its first major win in the South, when 73% of workers cast votes to support unionization at a Volkswagen plant in Chattanooga.

“That leads me to believe there are some nefarious tactics in the background causing us to take this road,” said state Rep. Anthony Daniels, D-Huntsville, the chamber’s Minority Leader. “I don’t see this as what it appears to be on the surface as the reason for (SB231). I think there are some other reasons for it.”

‘Harmless bill’

The legislation’s House sponsor said the Democratic critics were overselling the bill’s intent.

State Rep. Scott Stadthagen, R-Hartselle, said SB321 was not aimed at blocking unionizing efforts, but was put into place to prevent secret unionization elections he argued could be used to intimidate Alabama workers.

“If a union comes in and you cast a vote and the current situation is a card with your name on it, people would know how you voted,” Stadthagen said. “In a way, this is a harmless bill to make people feel comfortable.”

He said his concern with union votes that occur when someone signs their name to a card, and in which others can see how their colleague is voting.

“People would know how you voted,” Stadthagen said. “In other states, there are certain entities going to their house to get their votes this way. Nationwide, certain things have happened. Think about these employees working to provide for their families and how stressful that will be. This would be protection for them to make them feel comfortable for them and their companies.”

He also gave an example of a single mother working at a factory intimidated by men “who wanted her to do something.”

“You don’t think she’d be intimidated?” Stadthagen said during a floor debate with Forte, who responded, “The union will put something in the contract to protect. No one will fool with her. If you do, you’re automatically gone. Women came up from the ladder from no where to make as much as men.”

Stadthagen replied, “Absolutely. But in any situation, anyone can feel intimidate for a number of reasons. They will not make the right decision that is best for them, but will do what is best for the (work or cultural) environment.”

The debate over SB231 comes as union members is steadily rising in Alabama, according to the Bureau of Labor Statistics. Alabama had 156,000 union members last year, or 7.5% of the workforce, up from a historic low of 5.9% in 2021, and 7.2% in 2022.

Alabama, like other Southern states, still lags behind the national averages for union membership which is around 10%. But 11 other states had union membership below 5%, with South Carolina having the lowest participation rate at 2.3%.

The last major unionization effort at a manufacturing plant in Alabama occurred in 2021, when thousands of hourly workers at the Amazon warehouse in Bessemer voted nearly two-to-one against unionizing during a secret, mail-in election.

The UAW’s interest in Alabama comes after union strikes at Big Three Detroit automakers — General Motors, Ford, and Stellantis — led to contracts with higher pay and arguable better working conditions. The UAW is now targeting 13 nonunion automakers, including the Mercedes-Benz site in Vance.

Voting is scheduled to take place May 13 and 17 on whether workers will join the UAW. Vote totals are expected May 17.