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Significance of Right to Work law

13th May 2010
By Mesriani Law Group in Employment Law
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The Right to Work law provides employees with the option to join or not join a union. Employees who are employed in airlines, railways, and federal enclaves are not entitled to such option. The Right to work law also gives the employees the choice to financially support a union.

Right to work employees can have equal representation in bargaining units. A bargaining unit is composed of employees sharing similar job responsibilities. Right to work law gives the freedom on employees to cancel membership dues, or opt to pay only for representation in bargaining units.

Right to Work law is under the Civil Rights Act which protects California employees with the following claims:

1. Racial Profiling

2. Right to Work

3. Invasion of Privacy

4. Gay Rights

5. Invasion of Privacy

Right to Work laws are implemented under Taft-Hartley Act provisions. It provides stipulations on the limitation of employers and trade unions in enforcing payment for union membership, without affecting an employee's security of employment.

Taft-Hartley Act amended the Harry S. Truman's National Labor Relations Act in 1947, which required employees to be a member of a trade union, and to pay corresponding fees. If the employee fails to pay union dues, he or she can be disqualified for membership and eventually be terminated by the employer.

Taft Hartley Act opens options for employees. Other variations emerge such as the union shop. Union shop requires employees to join the union, but will not be terminated if he or she failed to pay union dues. Another one is the agency shop. Agency shop offers an alternative way of joining a union with leeway in its policies and union dues. Professional sports leagues usually use the agency shop option, with their collective bargaining agreements represented in states.

Section 14(b) further liberalizes employees with its open shop option. Open shop frees the employee with his or her choice to join or not to join a trade union. An employee cannot be fired if he or she chooses not to join the union or pay the dues. An employee has the right to work regardless of the existence of a trade union in the company.

Advocates of Right to work contend for the significance of such law-- ensuring the full exercise of freedom of association. They contend that Right to Work advances this constitutional right. They argue that states with "forced" union had higher employment rate.

On the other hand, opponents of Right to Work criticize the complexity of the union options. The free choice gives occurrence to free riders, who benefits from the union privileges without paying the fees. They argue that Right to Work obscures the authority of the employer and the influence of union.

If you are faced with a Right to Work dilemma in your company, or feel that there are violations in its union trade policies, feel free to consult a professional Civil Rights-- Right to Work attorney, and know how you can claim your rights today.

For more information about right to work law, consult with our skilled employment attorneys. Log on to our website and dial our toll free number for legal assistance.
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