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Right to Work Laws Background Organized labor unions have been a force in the world economy for several centuries. Beginning with trade guilds which imposed certain requirements on themselves, they have since developed into organizations which claim to represent the interests of the worker.i Modern day unions focus significant resources to secure collective bargaining rights, increase salaries and benefits, and improve working conditions. In 2011, 11.8 percent of U.S. workers were unionized, down 8.3 percent in the past twentyeight years.ii More importantly, 38 percent of public sector workers are unionized, more than five times higher than the 6.9 percent of private sector workers.iii Prior to the passage of the Taft-Hartley Act in 1947, unions and employers covered by the National Labor Relations Act could agree to what is called a “closed shop,” in which an employee must be a member of a union as a condition of employment. The Taft-Hartley Act gave states the authority to outlaw closed shops under their jurisdiction.iv There are 23 states that protect the workers’ right to choose whether they wish to pay dues and be represented by a union or not. Alabama is one of these “Right to Work” states.v ISSUE SNAPSHOT In 2011, 11.8 percent of U.S. workers belonged to some form of union. Thirty-eight percent of public sector workers belong to a union. There are currently only 23 states that expressly prevent conditioning employment on union membership in unionized shops. Alabama’s Right to Work law falls under Titles 11 and 25 of the Code of Alabama, and actually predates the passage of the Taft-Hartley Act. Enacted in 1943, its Declaration of Policy states: The right to live involves the right to work. The public and working men and women must be protected. The activities of labor organizations affect the social and economic conditions of the state and the welfare of its citizens. It is declared to be the policy of this state, in the exercise of its police power and in the protection of the public interest, to promote voluntary and peaceful settlement and adjustment of labor disputes and to regulate the activities and affairs of labor organizations, their officers, agents and other representatives in the manner and to the extent provided in this article.vi Policy Considerations U.S. labor laws create significant impediments for employers who would rather not negotiate with unions.vii Because unionization laws are heavily slanted against employers, states without right to work laws enable unions to effectively put nonunion employees out of their jobs. A 1998 study by economist Thomas Holmes compared the health of the manufacturing industry in right to work and non-right to work states. Holmes found that business-friendly states with right to work laws have seen an increase in manufacturing jobs.viii This fact has not been ignored by unions. When Boeing decided to build a plant in South Carolina, a right to work state, the National Labor Relations Board (NLRB) sued Boeing for “engaging in unfair labor practices.”ix The complaint was later dropped after Boeing agreed to assemble a new airplane in non-right to work Washington.x Webb, Sidney; Webb, Beatrice (1920). History of Trade Unionism. Longmans and Co. London. ch. I ii Union Members Summary, U.S. BUREAU OF LABOR STATISTICS, (January 27, 2012), http://www.bls.gov/news.release/union2.nr0.htm iii Id. iv Labor Management Relations Act “Taft-Hartley Act of 1947”, http://vi.uh.edu/pages/buzzmat/tafthartley.html v Right to Work States, NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, INC., http://www.nrtw.org/rtws.htm vi Declaration of Policy, § 25-7-1 CODE OF ALABAMA, http://alisondb.legislature.state.al.us/acas/ACASLoginMac.asp vii Employer/Union Rights and Obligations, NATIONAL LABOR RELATIONS BOARD, http://www.nlrb.gov/rights-we-protect/employerunion-rightsobligations viii The Location of Industry: Do States’ Policies Matter, THOMAS J. HOLMES, (1998), http://www.cato.org/pubs/regulation/regv23n1/holmes.pdf ix United States of America Before the National Labor Relations Board v. The Boeing Company, Case 19-CA-32431 http://www.nlrb.gov/sites/default/files/documents/443/cpt_19-ca032431_boeing__4-20-2011_complaint_and_not_hrg.pdf x David Kesmodel, U.S. Withdraws Labor Complaint Against Boeing, THE WALL STREET JOURNAL (Dec. 10, 2011), http://online.wsj.com/article/SB100014240529702034133045770883741128 15392.html i Conclusion The availability of a job in any state should not be contingent on whether or not the employee wishes to pay a group of people with whom he or she may not have common goals or interests. The right to association also implies the right to choose not to associate, and this should not be infringed upon in favor of the political power of organized labor.