Right-to-Work Law

A right-to-work (RTW) law gives workers the freedom to choose whether or not to join a labor union in the workplace. This law also makes it optional for employees in unionized workplaces to pay for union dues or other membership fees required for union representation, whether they are in the union or not.

Right-to-work is also known as workplace freedom or workplace choice. While the name of the law implies that it provides freedom to workers, critics argue that it weakens unions and empowers corporations instead.

Currently, 27 states have passed right-to-work laws, giving employees the choice of whether or not to join a union. Right-to-work laws in these states prohibit contracts that require workers to join a labor union in order to get or keep a job.

States without right-to-work laws require employees to pay union dues and fees as a term for employment. While labor unions are still fully operative in right-to-work states, the law protects these states’ employees by making payment of union fees an elective decision not bound to the employees’ employment contracts.

In 1935, the National Labor Relations Act (NLRA), or the Wagner Act, was signed into law by President Franklin Roosevelt. The Act protected the rights of employees to create a self-organized organization and mandated employers to engage in collective bargaining and employment negotiations with these self-organized organizations, called labor unions. Employees were also compelled to pay the union for representing and protecting their interests. The NLRA required union membership as a condition for employment, thereby restricting employment to union members only.

In 1947, President Harry Truman amended parts of the NLRA when the Taft-Hartley Act was passed during his presidency. Truman initially vetoed the bill when it arrived on his desk, stating that the Act would be "unfair to the working people of this country," understanding that it would serve to weaken union membership and collective bargaining power. In the end, Congress overturned Truman's veto.

The Taft-Hartley Act effectively created current right-to-work laws, which allow states to prohibit compulsory membership in a union as a condition for employment in the public and private sectors of the country.

In February 2021, Congress re-introduced the National Right to Work Act. It would give employees nationwide a choice to opt-out of joining or paying dues to unions. The Act was also introduced in 2019 and 2017 but stalled.

In March 2021, the United States House of Representatives passed the Protecting the Right to Organize Act (PRO Act). The pro-union legislation overrides right-to-work laws and would make it easier to form unions. The PRO Act faces an uphill battle in the Senate, as most Republicans oppose it

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