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Right-to-work laws are statutes enforced in twenty-two U.S. States, mostly in the southern or western U. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government S. , allowed under provisions of the Taft-Hartley Act, which prohibit agreements between trade unions and employers making membership or payment of union dues or "fees" a condition of employment, either before or after hiring. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming Union Dues is the eighth Album by Classified. Track listing "Intro" - 102 "Crossing Lines" -

Contents

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. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses Year 1947 ( MCMXLVII) was a Common year starting on Wednesday (link will display full 1947 calendar of the Gregorian calendar. The National Labor Relations Act (or Wagner Act) is a 1935 United States federal law that protects the rights of most workers in the Private sector In North America a closed shop is a Business or industrial factory in which union membership (often of a specific union and no other is 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 outlawed the "closed shop. " The Act, however, permitted employers and unions to operate under a "union shop" rule, which required all new employees to join the union after a minimum period after their hire. In the United States of America, a union shop is a place of Employment where the employer may hire either labor union members or nonmembers but where 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. An agency shop is a place of employment where workers must pay union dues whether they are a member of a labor union or not

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. Local governments are administrative offices that are smaller than a State. 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 terms of United States labor relations an open shop is a place of employment at which one is not required to join or financially support a labor union In other words, the employee has the right to work, regardless of whether he or she is a member or financial contributor to such a 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 "agency shop" rules. [1]

Twenty-eight states do not have right-to-work laws. If no union is formed in an employee's workplace the lack of a right-to-work law does not mean an employee has to join a union. The provisions in right to work laws, as in South Dakota's for example, can give the state Attorney General power to investigate allegations against unions.

Arguments for and against right-to-work laws

Arguments 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. The Constitution of the United States of America is the supreme Law of the United States. Freedom of association is the Individual right to come together with other individuals and collectively express promote pursue and defend common interests Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive 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 support political causes, causes which many union members may oppose.

Proponents also argue that right-to-work states experience higher economic growth and job creation than do non-right to work law states. For example, in recent years all of the new auto factories have been located in right to work states. Moreover, they contend right-to-work states typically have lower unemployment[2] rates than non right-to-work states.

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. [3][4][5][6] 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. In Economics, Collective bargaining, Psychology and Political science, "free riders" are those who consume more than their fair share of a resource Collective bargaining is the process whereby workers organize together to meet converse and compromise upon the work environment with their employers [3] 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 from organized labor have argued since the late 1970s[7] that while the National Right to Work Committee purports to engage in grass-roots lobbying on behalf of the "little guy", the National Right to Work Committee was formed by a group of southern businessmen with the express purpose of fighting unions, and that they "added a few workers for the purpose of public relations. "[8] They also argue that the National Right to Work Legal Defense Foundation has received millions of dollars in grants from foundations controlled by major U. The National Right to Work Legal Defense Foundation is a non-profit independent and charitable organization S. industrialists like the New York based John M. Olin Foundation, Inc. Not to be confused with the F W Olin Foundation or Spencer T Olin Foundation, founded by Olin's father and brother respectively which grew out of a family manufacturing business,[8][9][10] and other right wing groups. [7]

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. The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety wage and hour standards Nineteen 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.

Right to work laws can also be argued against on the basis of libertarian principles, as a government interference in labour relations[11][12]. However, some libertarians say just the opposite. [13][14][15][16]

U. S. States with right-to-work laws

Right-to-work states shown in turquoise
Right-to-work states shown in turquoise

The following 22 states are right-to-work states:

The territory of Guam also has right-to-work laws. Alabama (formally the State of Alabama;) is a State located in the southern region of the United States of America. The State of Arizona ( is a state located in the southwestern region of the United States. Arkansas ( is a state located in the southern region of the United States. Florida ( is a state located in the southeastern region of the United States, bordering Alabama to the northwest and Georgia to the The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule The State of Idaho ( is a state in the Pacific Northwest region of the United States of America. The State of Iowa ( is a state in the Midwestern region of the United States of America. Kansas ( is a Midwestern state in the central region of the United States of America, an area often referred to as the American " The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America Mississippi ( is a state located in the Deep South of the United States Nebraska ( is a state located on the Great Plains of the Midwestern United States and Nevada ( is a state located in the western region of the United States of America. North Carolina ( is a state located on the Atlantic Seaboard in the southeastern United States North Dakota ( is a state located in the Midwestern and Western regions of the United States of America. Oklahoma ( is a state located in the South Central region of the United States of America. South Carolina ( is a state in the southern region ( Deep South) of the United States of America. South Dakota ( is a state located in the Midwestern region of the United States of America. Tennessee ( is a state located in the Southern United States. Texas ( is a state geographically located in the South Central United States and is also known as the Lone Star State. The State of Utah (ˈjuːtɔː or) is a western state of the United States. The Commonwealth of Virginia ( is an American state The State of Wyoming ( is a sparsely populated state in the western region of the United States. Guam ( Chamorro: cha Guåhån) officially the Territory of Guam, is an island in the western Pacific Ocean and is an organized unincorporated

See also

References

  1. ^ http://www.nflpa.org/pdfs/Agents/CBA_Amended_2006.pdf Art. At-will employment is a doctrine of American law that defines an Employment relationship in which either party can break the relationship with no liability provided V, Sec. 1
  2. ^ Unemployment Rates [Mackinac Center for Public Policy]
  3. ^ a b "The South Carolina Governance Project - Interest Groups in South Carolina," Center for Governmental Services, Institute for Public Service and Policy Research, University of South Carolina, Accessed July 6, 2007. This article is about the University of South Carolina in Columbia

    South Carolina has long been one of the least unionized states in the nation. In 2000 the state ranked 49th with 4 percent unionized, only slightly ahead of North Carolina. As a result, organized labor has relatively less clout in the state than in most other states. One of the main goals of powerful business groups such as the Chamber of Commerce has been to keep labor unions out of the state, and they have been quite successful in their efforts. A major tool in weakening efforts to unionize the labor force has been the "right-to-work" laws, passed more than 40 years ago. These laws outlaw the "closed shop," which would force all workers to join a union when a majority of workers vote to be represented by the union. The idea behind the closed shop is to prevent what is called "free riders," that is, workers who benefit from union contracts without having to pay to support the union efforts.

    Even public employee unions, which, unlike private sector unions, have been growing nationally, are limited in South Carolina. State government does not engage in collective bargaining with public employees and prohibits strikes. S. C. Code (Section 8-11-33) only allows dues for the State Troopers' Association and State Employees' Association to be withheld in paychecks if they do not engage in collective bargaining or encourage members to strike. The simultaneous strikes by public school teachers and university professors in Hawaii in the spring of 2001 that ultimately led to double digit pay increases simply could not take place in South Carolina.

  4. ^ Berkeley Miller and William Canak, (1991) "From "Porkchoppers" to "Lambchoppers": The Passage of Florida's Public Employee Relations Act," Industrial and Labor Relations Review, Vol. Industrial and Labor Relations Review is a publication of the Cornell University School of Industrial and Labor Relations. 44, No. 2; pp. 349-366.
  5. ^ Dane M. Partridge, (1997) "Virginia's New Ban on Public Employee Bargaining: A Case Study of Unions, Business, and Political Competition," Employee Responsibilities and Rights Journal, Volume 10, Number 2; pp. 127-139.
  6. ^ William Canak and Berkeley Miller, (1990) "Gumbo Politics: Unions, Business, and Louisiana Right-to-Work Legislation," Industrial and Labor Relations Review, Vol. Industrial and Labor Relations Review is a publication of the Cornell University School of Industrial and Labor Relations. 43, No. 2; pp. 258-271.
  7. ^ a b "Examining the opposition's tangled web - the who's who in the right wing" The Machinist, published by the International Association of Machinists and Aerospace Workers, AFL-CIO/CLC, October 1977, Accessed February 4, 2008.
  8. ^ a b "Questions and Answers about the National Right to Work Committee and the National Right to Work Legal Defense Foundation," United Auto Workers, Accessed February 3, 2008. Template talkInfobox Union for usage -->The United Automobile Aerospace and Agricultural Implement Workers of America International
  9. ^ "National Right to Work Legal Defense Foundation," Media Transparency, Accessed July 24, 2007. Media Transparency is the concept of determining how and why Information is conveyed through various means
  10. ^ "John M. Olin Foundation, Inc.," Media Transparency, Accessed July 24, 2007. Media Transparency is the concept of determining how and why Information is conveyed through various means
  11. ^ 2004 Platform of Libertarian Party
  12. ^ Dean & Libertarians Hate "Right to Work" Laws
  13. ^ Pennsylvania Libertarian Partyaccessed January 3, 2008
  14. ^ Virginia Pilot article accessed January 3, 2008
  15. ^ University of Michigan report accessed January 3, 2008
  16. ^ Georgian Libertarian Party Platform accessed January 3, 2008

External links

Supporting "right-to-work" laws

Opposed to "right-to-work" laws

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