Right to Work

“Right to Work” refers to the principle that employees should not be forced to pay dues to a union in order to keep their jobs. This concept affirms the right of every American to work for a living without being compelled to belong to a union. Compulsory unionism in any form—“union,” “closed,” or “agency” shop—is a contradiction of the right-to-work principle and the fundamental human right that it represents. EFF advocates for the rights of every individual to freely choose to join a labor union without undue influence from the union.

The National Labor Relations Act of 1935 allows unions to compel workers to pay dues for collective bargaining. This bargaining allows a union, once certified, to negotiate employment contracts with employers that force every worker in that bargaining unit to pay dues to the union as a condition of their continued employment. Workers in that unit are no longer able to negotiate with their employers individually for wages, working conditions, and benefits.

The NLRA heralded the “glory days” of 20th-century labor movement. Forced dues from workers allowed union officials to gain vast political influence with both the Congress and state legislatures. However, several controversial public strikes immediately after World War II proved unpopular with the public, so Congress amended the NLRA. Section “14b” of the Taft-Hartley Act significantly curtailed union power by permitting states to pass right-to-work laws to protect workers from paying dues as a condition of employment.

Today 22 states have right-to-work laws, which are currently the most comprehensive remedy to compulsory unionism at the state level. Workers in these states have the right to resign from union membership and not pay union dues or fees. Employees who work for a railway or airline are subject to federal laws and are not protected by state right-to-work laws.

Washington is not a right-to-work state, but employees still have certain rights established by U.S. Supreme Court rulings. Employees can choose whether or not to join a union, and union members may resign their union membership. Nonmembers can only be required to pay for their proportionate part of the union’s proven bargaining costs. They may not be compelled to pay any fees until the costs have been stated and explained and can challenge the costs as provided by the union. Employees whose sincere religious beliefs prevent them from joining or paying any money to the union also have special rights.

EFF has assembled model legislation for Washington state that would apply the right-to-work concept to teachers and other government employees.