Learn About Right-to-Work States and Laws

Learn About Right-to-Work States and LawsLearn About Right-to-Work States and LawsIn the U.S., stateright-to-worklaws pertain to labor unions and workers at a company. Specifically, the right-to-work means that employees are entitled to work in unionized workplaces without actually joining the union or paying regular union dues. They may also cancel their union membership at any time, without losing their jobs.But they are still entitled to fair and equal union representation if they are part of a bargaining unit at the company- that is,a group of employees who have similar work duties, share a workplace, and presumably have similar interests when it comes towages, hours, and working conditions. In other words, right-to-work laws essentially require unionized workplaces to become open shops, where union membership is optional, in contrast to the traditional closed shop, in which union membership is mandatory. While regular dues are bedrngnis taken out of their paychecks, the right-to -work (nonunion) employees are still covered by the union however, they might have to pay for thecost of the union representing them in specific ways, such as pursuing grievances on their behalf. Although it sounds similar, the right-to-work principle is not the same asemployment atwill, which meansan employee can be terminated at any time without any reason, explanation, or warning nor is it a guarantee of work or ruling that an employee is entitled to work. Right-to-Work History and Controversy Currently, no federal right-to-work law exists. A bill establishing one, the National Right-to-Work Act, was introduced in the House of Representatives on February 1, 2017, by two Republican congressmen, Steve King of Iowa and Joe Wilson of South Carolina it would repeal provisions in all other federallabor lawsthat allow unionized workplaces to fire employees for failing to pay union dues. Instead, right-to-work laws exist on the individual state level. TheLabor Management Relations Ac t of 1947, nicknamed the Taft-HartleyAct, allowed states to enact right-to-work laws. Taft-Hartley did not allow local jurisdictions (e.g., cities and counties) within a state to enact their own right-to-work legislation. However,in2016, theSixth Circuit Court of Appealsupheld the right of local governments to enact local right-to-work laws in Kentucky, Ohio,and the other states of its jurisdiction. As the number of states passing right-to-work laws has grown in the 21st century, the issue has grown increasingly controversial. Right-to-work proponents argue that it expands workers rights specifically, the right to decide to join a union and keeps unions accountable because they must prove the advantages of membership. Opponents argue that right-to-work encourages freeloading because a worker can enjoy union representation without paying dues and is essentially a roundabout way to undermine unions in a workplace, depriving them of revenue, membership numbers, and, ultimately, the ir bargaining power with management. Advocates say right-to-work preserves individual freedoms critics call it the right to work for less. Right-to-Work States As of 2018, 27 states have adopted right-to-work laws. They are AlabamaArizonaArkansasFloridaGeorgiaIdahoIndianaIowaKansasKentuckyLouisianaMichiganMississippiNebraskaNevadaNorth CarolinaNorth DakotaOklahomaSouth CarolinaSouth DakotaTennesseeTexasUtahVirginiaWest VirginiaWisconsinWyoming Other states have similar legislation on their books. For example, New Hampshires labor laws have a provision that prohibits any person from forcing another to join a union as a condition of employment. Additional RulingsandRights The U.S. Supreme Court has ruled thatcollective bargaining agreementsmay not require workers to join unions. Collective bargaining agreements may only require nonmembers to pay the proven proportion of dues that unions spend to represent them. Nonmembers dont have to pay such costs until they are explainedan d they may first challenge them. To find out mora about your states right-to-work law or a similar provision, or your similar rights at the federal level, start by contacting yourstates labor office. If you think that your employer or union has violated a right-to-work law, theNational Right-to-Work Legal Defense Foundationmight advise or represent you for free. Otherwise, you might consider consulting a private attorney. Note The information in this article generally applies to private-sector employees. Different laws and court rulings might apply to government, education, railway, airline, and other workers. Right to Workoffers general information only and is not intended as legal advice. Neither the author nor publisher are engaged in rendering legal services. Please see an attorney for legal advice. Because laws vary by state and are subject to change at both the state and federal levels, neither the author nor publisher guarantees the accuracy of this article. Should you act ba sed on this information, you do so at your sole risk. Neither the author nor publisher shall have any liability arising from your decision to act on this information.