A Primer On Right To Work Laws

Right to work laws greatly impact an individual’s ability to get and keep a job, depending on their state. This collection of labor laws involves an individual’s right to decide whether or not to become a member of a union.

Right to work laws exists at both the federal level in the Taft-Hartley Act and within states. It states that every candidate has a ‘right to work’ without requiring them to join a union.

The goal of right to work laws is to eliminate the chance that an employer refuses to hire someone because they are not part of a union.

History of Right to Work Laws

Most people regard the Taft-Hartley Act of 1947 as the earliest emergence of the right to work laws. It altered aspects of the National Labor Relations act from ten years prior. These edits to the NLRA were enacted to uphold fairness between all parties involved in union and employer relations.

One of the most notable changes made through the Taft-Hartley act was creating a right to work law option. This made it illegal for businesses to require employees to be a part of a union. States chose whether to incorporate the right to work laws in their regulations individually.

Providing employees in various industries with a union participation choice was an important aspect to rework because it prevented employers from forcing them into it.

Most unions require their members to pay dues. Requiring all eligible candidates to be part of a union effectively compels employees to pay these fees before they are able to work in the field.

As of 2021, there are 28 states, including the territory of Guam, in America that adhere to the right to work laws.

Which States Have Right to Work Laws?

About half of the states in the US passed right to work laws to protect their citizens from needing to be a member of a union to be hired. These states allow employees to choose whether they want to be a participant of a trade union and pay the dues that come along with it.

Alternatively, the other half of the states that haven’t adopted the right to work laws allow employers to require individuals to be a labor union participant.

Below is the list of states in 2021 that have right to work laws:

• Arizona

• Arkansas

• Florida

• Georgia

• Idaho

• Indiana

• Iowa

• Kansas

• Kentucky

• Louisiana

• Michigan

• Mississippi

• Nebraska

• Nevada

• North Carolina

• North Dakota

• Oklahoma

• South Carolina

• South Dakota

• Tennessee

• Texas

• Utah

• Virginia

• West Virginia

• Wisconsin

• Wyoming

• The Territory of Guam

The Controversy around Right to Work Laws

There is a heated debate that accompanies the right to work laws in the United States. Generally, people who are passionate about these state policies fall into two schools of thought:

1. Right to work laws damage labor unions. People who are against the right to work laws often use the rationale that they damage labor unions.

   When employees are given a choice to join a labor union or not, it limits the funding that the union receives from mandatory dues being paid. Opposers also think that right-to-work laws lower employee overall wages in the state.

   Individuals with this mode of thinking believe that right-to-work laws lead to non-union employees reaping the benefits of collective bargaining without having to pay the dues that unionized employees do.

   This circumstance established the title of these non-union employees as “free-riders.” They state that these factors weaken the power of unions and go against what they stand for.

2. Right to work laws protects an individual’s freedom. On the other side of the spectrum, people who support the right to work laws protect individual freedoms. This group winces at the thought of union participation being mandatory for all employees in a particular industry.

   Forcing employees to support a group against their will takes away their ability to make their own decisions. There are many reasons someone wouldn’t want to join a union.

   People supporting the right to work laws often believe that labor unions tend to back political candidates as a group. Individual employees might prefer not to be associated with these political affiliations.

   Additionally, employees might not want to pay union dues on top of the cost for training in their field.

   Supporters of the right-to-work laws acknowledge that there are a multitude of reasons that an individual doesn’t want to join a union, and it’s not an employer’s place to coerce them into it.

10 Frequently Asked Questions About Right to Works Laws

1. What are the pros of right to work laws? The right to work laws were established because of the benefits they serve to employees.

   A huge pro of right to work laws is that they provide employees with the freedom to make their own choices about participating in a union. Being coerced into doing something is a drag, especially when it comes to your career.

   Some additional benefits of the right to work laws include:

   • Prevents unions and employers from making participation a condition of employment

   • Decreases union monopolization

   • Can lower school taxes

2. What are the cons of right to work laws? Although there are a lot of benefits about the right to work laws, they also present some negative aspects. Union supporters pose the limitation of funds for labor unions as one of the most detrimental cons of right to work laws.

   Giving employees a choice to not join a union, or pay their dues, decreases the funding that they will receive.

   Some additional cons of right to work laws include:

   • Lessening the power of unions

   • Creates less participation in unions

   • Gives non-members benefits without being part of the union

3. Are right to work laws anti-union? Technically, right to work laws is neither anti- nor pro-union. They exist as a measure of protection for employees, but it was not established on behalf of a particular union movement.

   However, many people who are against the right to work laws do believe that they are anti-union. This is because the right-to-work laws look out for the freedoms of the individual rather than supporting unions directly.

4. Is there an overarching federal right to work law? No, there is not an overarching federal right to work law yet. However, there have been a few attempts to implement one. The National Right to Work Act was put forth in 2017 but hasn’t seen much progress since then.

   In 2019, a bill with similar stipulations was presented to the senate. It’s too soon to tell if it’ll gain any momentum, meaning that right to work laws remain up to states individually for now.

5. What is exclusive representation? Exclusive representation refers to a federal regulation that states union representatives should collectively bargain on behalf of all employees. Representatives bargain with employers to reach the best possible outcome for all employees, including those who are non-union.

   The agreements reached by collective bargaining applies to all employees, regardless of their union status or state.

6. What is collective bargaining? Collective bargaining is one of the major advantages of unionization. It refers to the process of negotiation between an employer and a group of employees. A few representatives of the union are chosen to be the voice of the whole union to get them the working conditions they desire.

   Collective bargaining is a big part of the reason for tension between unionized and non-union employees. A lot of effort goes into collective bargaining between representatives and employees.

   When conclusions are finally reached, everyone receives the benefits regardless of union status.

7. What is a “free-rider”? A “free-rider” is a term that was established by people who are against the right to work laws. It describes an individual who is not part of a union but still receives the benefits that it fights for.

   They argue that free-riders receive the advantages of unionization without paying the dues that unionized employees do.

8. How much do union dues cost? Joining a labor union comes with a price tag to keep their efforts funded. Usually, these dues are taken out of an employee’s paycheck in the form of a percentage every month.

   Most union dues cost about two hours of work, adding up to $50-$400 monthly.

9. Can you resign from union membership? Any union member is allowed to resign from their position at any time. However, the process might be long and difficult, especially for employees who don’t live in a right to work state.

   Even though it’s a federal law to release anyone from union membership, non-right to work states allow charges called ‘agency fees’ to be applied on the way out.

10. How do you resign from union membership? Resignation from a labor union differs on a case to case basis. Some unions require signing a contract, which specifies the details for what happens in the event of resignation. This might include information like windows of opportunity to resign and exit fees that need to be paid.

    Once you’ve made the decision to resign and are fully aware of the contract requirements for resignation, all that’s left to do is notify the union. This is done by sending a formal letter of resignation.

    The letter of resignation is also an opportunity to explain any objections you have, such as refusing to pay any pay fees unrelated to collective bargaining.

Author

Sky Ariella

Sky Ariella is a professional freelance writer, originally from New York. She has been featured on websites and online magazines covering topics in career, travel, and lifestyle. She received her BA in psychology from Hunter College.