Copyright © 2008 National Right to Work Legal Defense Foundation
National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general
(703) 321-9319 fax - legal department
It is about freedom
Right-to-work laws do not ban unions. A right-to-work law simply makes sure that everyone has a right to join a union but also makes sure that no one can be forced to join or support a union. The freedom to join a union must not be the obligation to join.
In states that do not have a right-to-work law, the union can have you fired for not tendering dues or an agency fee. If you have a religious objection to paying the union, you can file an objection with a federal agency known as the Equal Employment Opportunity Commission (EEOC). Otherwise, you can file an objection with the union to exercise your rights under the U.S. Supreme Court decision CWA v. Beck. That allows you to pay only the cost of collective bargaining. That is the union dues minus things like political and ideological activities. I went that route in 1986, and with the help of the National Right to Work Foundation, I received my full dues reduction in 1996. It only took ten years! The unions do not routinely follow the law, they have to be forced.
That is untrue unless the union has declined to be the “exclusive bargaining agent.” I have yet to encounter a union in the private sector that has chosen to represent only its voluntary members. The unions have jealously held on to that privilege since the passage of the Wagner Act in 1935.
Under the “exclusive bargaining agent” arrangement, the contract applies to everyone in the bargaining unit. The union is required to provide “fair representation” and the employee is required to pay the dues or agency fee in the case of a Beck objector.
Again, a right-to-work law simply makes sure that everyone has a right to join a union but also makes sure that no one can be forced to join or support a union.