Right-to-work law
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Right-to-work laws are statutes enforced in several US States, which prohibit several types of deals between employers and unionized employees, such as union security. "Closed shops", "union shops" and "agency shops" are forbidden, and "open shops" are enforced. Supporters of "right-to-work" laws claim that such laws give employees the right to work without joining a union. Opponents argue that the laws prevent free contracts between unions and business owners, making it harder for unions to organize and less attractive for people to join a union. They call these laws "work-for-less" or "right-to-shirk" laws.
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"Closed shops", "union shops" "agency shops" and "open shops"
Prior to the passage of the Taft-Hartley Act, passed by the Congress over then-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 were 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.
The Taft-Hartley amendments prohibit the "closed shop", but permit the "union shop", which requires all employees to join the union after a minimum period of at least thirty days after their hire, with different rules for construction unions and employers. A union may enforce a union shop agreement by demanding that the employer fire any employees who have failed to pay the regularly required dues and fees necessary to maintain their membership in the union; it does not, on the other hand, permit a union to demand that the employer discharge an employee who has been expelled from membership for any other reason. The "union shop" is effectively the same as the "agency shop", which requires employees to pay the equivalent of union dues, but does not require them to formally join the union.
Section 14(b) of the Taft-Hartley Act goes further and authorizes individual states to outlaw the union shop and agency shop for employees working in their jurisdictions. Only the states have the power to pass such legislation; a city or county in a state that has not adopted a right-to-work statute has no power to pass a local ordinance outlawing the union shop.
Arguments for and against right-to-work laws
The opponents of right-to-work laws argue that they are essentially anti-union laws. The ability of non-union employees to benefit from collective bargaining without paying dues creates a free rider problem, allowing employees to leave (or not join) a union while still ostensibly benefiting from the actions of that union, thus making union activities less sustainable. Proponents of Right to Work Laws point to the Constitional right to freedom of association, as well as the common-law principle of private ownership of property. Levels of unionization are typically much lower in right-to-work states.
According to the US Department of Labor, Bureau of Labor Statistics, 1993-2003, percentage growth in non-farm private sector employees in Right to Work States was 24.1%, while the growth rate in Forced-Unionism States was 14.2%, with a national average of 17.7%. According to the US Department of Commerce, Bureau of Economic Analysis, percentage growth in real personal income 1993-2003 was 37% in Right to Work States, 37% in Forced-Unionism States 26%, with a national average of 29%. According to the US Bureau of Census, percentage growth in manufacturing establishments 1982-2001 was a gain of 7% in Right to Work States, a loss of 4.9% in Forced-Unionism States, with a national average of a loss of 1.5%. Also according to the US Bureau of Census, percentage growth of people covered by private health insurance, 1993-2003, was 13.6% in Right to Work States, 5.9% in Forced-Unionism States, with a national average of 8.5%. According to both the US Bureau of Labor Statistics and the Bureau of Census, percentage growth in real value added per production worker, 1991-2001, was 17.1% in Right to Work States, 8.4% in Forced-Unionism States, with a national average of 11.1%.
US States with Right-to-Work laws
- Alabama
- Arizona
- Arkansas
- Florida
- Georgia
- Idaho
- Iowa
- Kansas
- Louisiana
- Mississippi
- Nebraska
- Nevada
- North Carolina
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Wyoming
The territory of Guam also has right-to-work laws.
External links
For "Right-To-Work" laws
- National Right to Work Legal Defense Foundation (http://www.nrtw.org/a/rtwempl.htm)
- National Right to Work Committee (http://www.right-to-work.org)
- National Institute for Labor Relations Research (http://www.nilrr.org)
Against "Right-To-Work" laws
- Center for Policy Alternatives: Right to Work—-For Less (http://www.stateaction.org/issues/issue.cfm?issue=RightToWorkForLess.xml)
- Seven ways that Oklahoma's right to work for less proposal violates the social teachings of the Catholic church (http://www.justpeace.org/rtw.htm)
- www.fairwage.org - - Grassroots campaign to repeal the Idaho Right-to-work Law (http://www.fairwage.org/)
- What's wrong with "right-to-work"? (http://www.pacifier.com/~union/righttowork.html)