What To Know About Right-To-Work Laws
At first glance, many people believe right-to-work laws offer protection for their jobs. However, right-to-work laws govern collective bargaining agreements. These laws help prevent employers and labor unions from forcing workers to join unions and pay fees as a condition of employment. If you seek or have employment in a right-to-work state and become subject to this treatment, an experienced attorney can help you review your options.
What Are Right-To-Work Laws?
The Taft-Hartley Act passed in 1947 and made it illegal for employers to require union-only hiring. However, it left a loophole, allowing companies to operate as a “closed shop” if most employees voted in favor. This act set the foundation for today’s right-to-work laws, which are still in effect. Since then, over half of U.S. states have passed their own right-to-work laws.
Right-to-work laws continue to spark debate. Supporters argue that workers should have the freedom to decide whether to join a union or pay dues. Opponents, however, view these laws as anti-union. They claim they weaken labor unions and allow non-members to benefit without contributing.
What Are Some Types of Unions?
There are no official categories for labor union types. Most people categorize them according to the industry or professionals they serve. These are four common divisions you may come across.
1. Manufacturing Unions
Labor unions in the manufacturing sector represent a range of workers, from assembly-line employees to engineers and skilled trades. Key examples include the United Auto Workers (UAW), which represents auto manufacturing employees. There is also the United Steelworkers (USW), which supports workers across the oil, airline, and healthcare industries.
2. Healthcare Unions
Healthcare workers generally enjoy higher job security and better wages than many other professionals. Even so, they sometimes find their rights and even medical benefits challenged. Healthcare unions represent not just home care workers and nurses but also lab techs and doctors. The largest healthcare union is the Service Employees International Union. Its membership spans three countries and totals 1.1 million members.
3. Public Service Unions
Even public service workers can benefit from collective bargaining arrangements. Because of this, several unions have stepped forward to represent childcare professionals, correction officers, and sanitation workers. The largest public service union in the U.S. is the American Federation of State, County, and Municipal Employees. Its membership is 1.6 million strong.
4. Freelancer Unions
In the past decade, America’s gig worker population has exploded. From Uber drivers to graphic designers to writers, there are roughly 42 million independent contractors in the United States. While independent contractors often enjoy great flexibility in work arrangements, it costs them traditional benefits. Freelancer unions help to fill this gap. One example is Mediabistro.com, which provides media contractors with benefits.
What Are the Right-To-Work States?
States with right-to-work laws set their stipulations, such as penalties when a company violates right-to-work laws. So far, 28 states have enacted this law. Almost all of these are in the South and the non-coastal West. Here are a few:
- Georgia
- Nebraska
- Arizona
- Kentucky
- Mississippi
- Utah
States without right-to-work laws are often nicknamed “forced union” states. However, many people argue that these states have stronger unions because of mandatory memberships. This, in turn, strengthens the collective bargaining power and increases wages. Here are some states that fall into this category:
- California
- New York
- Washington
- New Hampshire
- Massachusetts
- Colorado
Note that West Virginia is currently undergoing some opposition to its right-to-work laws. In 2019, one judge declared that some parts of the law were unconstitutional. The issue made it to the Supreme Court, which ultimately decided to uphold the current right-to-work law. Critics believe that further opposition may arise in years to come.
How Do Right-To-Work Laws Affect Employment?
How right-to-work laws affect your employment depends on state laws. These are some of the general provisions to remain mindful of.
Job Recruiting
Right-to-work states generally still require labor unions to cover all employees at an organization, even if not all employees join the union, and pay dues. When employees are covered by unions, the union bargains on their behalf and they may still need to abide by union contracts.
Union Organizer Communication
When you obtain employment in a right-to-work state, a union organizer may reach out to you about joining and paying fees. In these states, however, you have the right to refuse. If you decide to join a union and later change your mind, you may also have the right to terminate your membership.
Union Dues Deductions
If you join a union in a right-to-work state, the union may still have the right to dictate fees and membership requirements. Typically, your employer deducts membership dues from your paycheck. If you choose to end your membership, you may need to pay fees related to this.
Public Sector
Right-to-work laws tend to affect public-sector workers almost the same as private-sector workers. Like private-sector workers, there may be no reason to be part of a union to benefit from its efforts.
Work With an Experienced Local Lawyer
Employment laws are incredibly complex. Depending on your situation, you might also face an unfair imbalance of power when trying to go up against the union, your employer or both. Hiring an experienced attorney can help to level the playing field.
Your attorney starts by reviewing your case to see if your complaint satisfies the applicable laws that make it suitable for pressing a case. You then receive advice on how to proceed and what to expect if you do. Without an attorney, large organizations or stubborn employers might attempt to take advantage of you and your colleagues.
We can help you discover what your options are by connecting you with a qualified employment lawyer. Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
