What Does Right-To-Work Really Mean?

– Christopher Butler, Esq.

 

Over the past few years, right-to-work laws have been a real hot point, particularly with the recent surge in employee unionization activity (Google, Starbucks, and Uber, among others). But, what does right-to-work really mean? You’re not alone if you’ve confused the concept with employment-at-will, an entirely different workplace doctrine (which we’ll explore in another article).

 

Specifically, right-to-work laws – currently in place in 27 states – preserve an employee’s choice of whether to support a labor union or opt out of participation altogether. More clearly, right-to-work laws are designed to protect employees who work in unionized environments by shielding them from the obligation to join a labor union or even pay union dues. In fact, in a right-to-work state, an employee cannot be compelled to join, contribute toward, or otherwise support a labor union. In those states, union participation is entirely optional.

 

Debate across both sides of the picket line

 

This all seems straightforward enough, but labor unions contend that right-to-work laws violate the concept of collective bargaining. The AFL-CIO (the largest federation of unions in the U.S.) proclaims that the “real purpose of right to work laws is to tilt the balance toward big corporations and further rig the system at the expense of working families [making] it harder for working people to form unions and collectively bargain for better wages, benefits, and working conditions.” Other union representatives argue that right-to-work laws promote “free riding,” reasoning that employees who don’t pay their “fair share” of membership dues nevertheless reap the benefits of collective bargaining agreements that may already be in effect at their workplace.

 

On the other hand, proponents of right-to-work laws argue that they are vital to protecting workers’ rights, not only by eliminating mandatory union fees, but also by requiring labor unions to become organized through secret ballot elections (rather than by simple majority votes). Supporters of right-to-work laws also point out that right-to-work laws require unions to disclose financial information and allow members to freely leave the union at any time without penalty.

 

Yet, others take a more centric approach, believing that right-to-work laws benefit both employers and employees by creating a more competitive market and ensuring that workers are not forced to support an organization with which they fundamentally disagree. And, some even assert that right-to-work laws make it easier to hire new employees and encourage companies to remain competitive by providing them with greater control over their workforce.

 

What does right-to-work mean for my business?

 

It’s important to note that right-to-work laws don’t actually prohibit the creation of labor unions; rather, those laws instead require unions to be authorized by a simple majority vote rather than requiring workers to join as a condition of employment. In theory, this process makes it easier for employees to opt-out of union membership should they decide they don’t want to participate. And many simply do not. In sum, right-to-work laws give workers a choice of whether to join a union and pay membership dues. By contrast, in states without right-to-work laws, employers and unions may collectively agree to require employees of a particular bargaining unit to either join the union itself or alternatively pay certain fees to the union. All of this is to say that right-to-work laws don’t make labor unions any more or less legal, they simply regulate how and when employees may elect to join them, or not.

 

The Takeaway

 

While relatively simplistic in theory, right-to-work laws function in a very complicated and highly regulated area of labor law. Whether your state is a right-to-work jurisdiction can have profound effects on if, when, and how easily your workforce can either unionize or expand upon existing union activity. If you’re concerned about right-to-work laws, union-related activity, or collective bargaining, and how those issues may impact your business, we have decades of experience helping companies understand and comply with prevailing labor and employment laws, and perhaps we can help you too – contact Chris Butler with Agenzia.