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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.