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Right-to-work laws

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Right-to-work laws are statutes enforced in several US States, which prohibit several types of deals between employers and unionized employees. "Closed shops", "union shops" and "agency shops" are forbidden, and "open shops" are enforced. Supporters of "right-to-work" laws claim that such laws give employees the right to work without joining a union (hence the name). Opponents argue that they prevent free contracts between unions and business owners, and make it harder for unions to organize and for people to join a union. They call these laws "work-for-less laws".

The power to pass right-to-work laws is delegated by an amendment to the Taft-Hartley Act, passed by the US Congress over then-President Harry S. Truman's veto in 1947.

In a state with right-to-work laws, the government makes it illegal for a business and a union to agree to a contract where one of the stipulations is that the employer will only hire union labor, such as in closed shops and union shops. It also prevents agency shops where an employee who is not a union member is still required to pay a union fee. This law only applies to labor unions, and not contracts with other corporations to provide labor. It is also illegal for a union to go on strike to prevent non-union workers from being hired.

The opponents of right-to-work laws argue that they are essentially anti-union laws. The ability of non-union employees to benefit from collective bargaining without paying dues creates a free rider problem, allowing employees to leave (or not join) a union while still benefiting from the actions of that union, thus making union activities less sustainable. Levels of unionization are typically much lower in right-to-work states, and so are average wages. It is not clear whether these are a consequence of lack of unionization, or whether both follow from a poor overall bargaining position for workers in these states or the low standard of living in many of these states compared to other states.

The following states have right-to-work laws:

Furthermore, the territory of Guam also has right-to-work laws.

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This page was last modified 15:45, 29 Sep 2004.
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