Right-to-work laws are
statutes enforced in twenty-two
U.S. States, mostly in the southern or western U.S., allowed under provisions of the
Taft-Hartley Act, which prohibit agreements between
trade unions and employers making membership or payment of
union dues or "fees" a condition of employment, either before or after hiring.
The Taft-Hartley Act
Prior to the passage of the
Taft-Hartley Act by
Congress over President
Harry S. Truman's veto in
1947, unions and employers covered by the
National Labor Relations Act could lawfully agree to a "
closed shop," in which employees at unionized workplaces are required to be members of the union as a condition of employment. Under the law in effect before the Taft-Hartley amendments, an employee who ceased being a member of the union for whatever reason, from failure to pay dues to expulsion from the union as an internal disciplinary punishment, could also be fired even if the employee didn't violate any of the employer's rules.
The Taft-Hartley Act outlawed the "closed shop." The Act, however, permitted employers and unions to operate under a "
union shop" rule, which required all new employees to join the union after a minimum period after their hire. Under "union shop" rules, employers are obliged to fire any employees who have avoided paying membership dues necessary to maintain membership in the union; however, the union can't demand that the employer discharge an employee who has been expelled from membership for any other reason.
A similar arrangement to the “union shop” is the “
agency shop,” under which employees must pay the equivalent of union dues, but need not formally join such union.
Section 14(b) of the Taft-Hartley Act goes further and authorizes individual states (but not
local governments, such as cities or counties) to outlaw the union shop and agency shop for employees working in their jurisdictions. Under the "
open shop" rule, an employee can't be compelled to join or pay the equivalent of dues to a union, nor can the employee be fired if he or she joins the union. In other words, the employee has the right to work, regardless of whether he or she's a member or financial contributor to such a union.
The Federal Government operates under "open shop" rules nationwide, although many of its employees are represented by unions. Conversely, professional sports leagues (regardless of where a team is located) operate under "agency shop" rules.
Twenty-eight states don't have right-to-work laws. If no union is formed in an employee's workplace the lack of a right-to-work law doesn't mean an employee has to join a union. The provisions in right to work laws, as in South Dakota's for example, can give the state Attorney General power to investigate allegations against unions.
Arguments for and against right-to-work laws
Arguments for right-to-work laws
Proponents of right-to-work laws point to the
Constitutional right to
freedom of association, as well as the
common-law principle of private ownership of property. They argue that workers should be free both to join unions and to refrain from joining unions, and for this reason often refer to non-right-to-work states as "forced-union" states. They contend that it's wrong for unions to be able to force employers to include clauses in their union contracts which require all employees to either join the union, or pay union dues as a condition of employment. Furthermore, they contend that in certain cases forced union dues are used to support political causes, causes which many union members may oppose.
Proponents also argue that right-to-work states experience higher economic growth and job creation than do non-right to work law states. For example, in recent years all of the new auto factories have been located in right to work states. Moreover, they contend right-to-work states typically have lower unemployment rates than non right-to-work states.
Arguments against right-to-work laws
Business interests led by the Chamber of Commerce lobbied extensively for right-to-work legislation in the southern states.
Opponents argue Right-to-work laws create a so-called
free-rider problem, in which non-union employees (who are bound by the terms of the union contract even though they're not members of the union) benefit from
collective bargaining without paying union dues. that while the National Right to Work Committee purports to engage in grass-roots lobbying on behalf of the "little guy", the National Right to Work Committee was formed by a group of southern businessmen with the express purpose of fighting unions, and that they "added a few workers for the purpose of public relations." They also argue that the
National Right to Work Legal Defense Foundation has received millions of dollars in grants from foundations controlled by major U.S. industrialists like the New York based
John M. Olin Foundation, Inc. which grew out of a family manufacturing business, and other right wing groups.. However, some libertarians say just the opposite.
U.S. States with right-to-work laws
The following 22 states are right-to-work states:
The territory of
Guam also has right-to-work laws.
Further Information
Get more info on 'Right-to-work Law'.
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