CRS – Right to Work Laws: Legislative Background and Empirical Research, Benjamin Collins, Analyst in Labor Policy. December 6, 2012
“The National Labor Relations Act (NLRA) establishes most private-sector workers rights to unionize and collectively bargain over wages, benefits, and working conditions. Enacted in 1935, the NLRA also permits collective bargaining contracts between employers and labor organizations that require every individual covered by the collective bargaining contract to pay dues to the negotiating labor organization. These contract provisions are known as union security agreements. Since the NLRA was amended by the Taft-Hartley Act in 1947, individual states have been permitted to supersede the union security provisions of the NLRA by enacting laws that prohibit union security agreements. These state laws are known as right to work (RTW) laws. Currently, 23 states have RTW laws. Of these, 12 states passed RTW laws prior to 1950 and another six passed them prior to 1960. The two most recent states to adopt RTW laws are Oklahoma (2001) and Indiana (2012). Several other state legislatures are debating RTW laws. Recent legislative proposals, with substantial numbers of cosponsors, would expand RTW policies nationwide. Advocates of national RTW laws claim that they would enhance personal freedom and employer flexibility. Opponents argue that such laws would weaken workers abilities to collectively bargain for more favorable compensation and working conditions. Proposals aiming to expand RTW policies typically strike the provisions of the NLRA that permit union security agreements.”
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