Right-to-work laws are
statutes enforced in twenty-two
U.S. States, allowed under provisions of the
Taft-Hartley Act, which prohibit
trade unions from making membership or payment of dues or "fees" a condition of employment, either before or after hire.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 did not violate any of the employer's rules. The Taft-Hartley Act outlaws the "closed shop." The Act, however, permits employers and unions to operate under a "
union shop" rule, which requires 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 cannot 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 cannot 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 is member or financial contributor to such 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 "union shop" rules.Arguments for and against right-to-work lawsArguments 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 is 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 make significant contributions to support political causes, causes which many union members may oppose.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 are not members of the union) benefit from
collective bargaining without paying union dues. Critics contend outlawing compulsory union dues makes union activities less sustainable. Opponents argue that the laws prevent free contracts between unions and business owners, and that this makes it harder for unions to organize and less attractive for people to join a union. For these reasons, they often refer to "right-to-work" states as "right-to-fire" states, and "non-right-to-work" states as "free collective bargaining" states. Critics point out that while the
National Right to Work Legal Defense Foundation purports to be a grass-roots movement , it has received hundreds of thousands of dollars from the New York based
John M. Olin Foundation, Inc. which grew out of a family manufacturing business, and other right wing foundations. Opponents further argue that because unions are weakened by these laws, wages are lowered and worker safety and health is endangered. They cite statistics from the
United States Department of Labor showing, for example, that in 2003 the rate of workplace fatalities per 100,000 workers was highest in right-to-work states. 19 of the top 25 states for worker fatality rates were right-to-work states, while 3 of the bottom 25 states were right-to-work states. A 2001 study by the union-funded
Economic Policy Institute showed that workers in right-to-work states earned an average of 6.5% less (4
fter controlling for regional costs of living) than their counterparts in states without the law. Right to work laws can also be argued against on the basis of free market principles. If a union, without benefit of government power or influence backing it up, is able to negotiate an agreement that requires union membership of employees, this would be a private matter, not legitimately subject to interference from the government in a fully free market. It would be a matter of a "seller" (union) making union membership of labor part of the "market price" for its "goods" (the labor of its membership). The "buyer" (business) can accept the deal, attempt a different negotiation, or would be free to seek labor elsewhere. So long as neither union nor business has government weighing in on its side, this would be a fully free market transaction. A right to work law would limit the free market forces operating on negotiating the price of labor, effectively putting some portion of the coercive power of government at the disposal of the business in a manner not available to the union.Economic information According to the
United States Department of Commerce, Bureau of Economic Analysis, from 1993-2003 the percentage change in real personal income was 29% growth overall. The change in Right to Work States was 37% growth, while the change in "union shop" States was 26% growth. According to the
United States Census Bureau, from 1982-2001 the percentage change in manufacturing establishments was 1.5% loss overall. The change in "right-to-work" States was 7% growth, while the change in "union shop" States was 4.9% loss. Also according to the U.S. Census Bureau, from 1993-2003 the percentage growth of people covered by private health insurance was 8.5% growth. The change in "right-to-work" States was 13.6% growth, while the change in "union-shop" States was 5.9% growth. Also according to the U.S. Census Bureau, while a larger growth was experienced in the "right-to-work" States, overall the number of those privately insured remained higher in the "union-shop" states. According to both the U.S. Bureau of Labor Statistics and the Census Bureau, from 1991-2001 the percentage change in real value added per production worker was 11.1% growth overall. The change in "right-to-work" States was 17.1% growth, while the change in "union-shop" states was 8.4% growth. Also according to the U.S. Bureau of Labor Statistics, while larger growth was experienced in the "right-to-work" states, overall production remained higher in the "union-shop" states.U.S. States with right-to-work laws The following 22 states are right-to-work states:
AlabamaArizona - (established by state's Constitution, not by statute)
Arkansas - (established by state's Constitution, not by statute)
Florida - (established by state's Constitution, not by statute)
GeorgiaIdahoIowaKansasLouisianaMississippiNebraskaNevadaNorth CarolinaNorth DakotaOklahoma - (established by state's Constitution, not by statute)
South CarolinaSouth DakotaTennesseeTexasUtahVirginiaWyoming The territory of
Guam also has right-to-work laws.See also
At-will employmentReferences <references />External links Supporting "right-to-work" laws
National Right to Work Legal Defense Foundation National Right to Work Committee National Institute for Labor Relations Research Effects of Right to Work Laws on Employees, Unions and Businesses Opposed to "right-To-work" laws
Center for Policy Alternatives: Right to Work—-For Lesswww.fairwage.org - - Grassroots campaign to repeal the Idaho Right-to-work LawBad for Indiana -- www.badforindiana.org -- A grassroots effort to stop the right-to-work campaign in Indiana.The Michigan AFL-CIO: Key Points on Right-to-Work in Michigan.
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