Note: Arizona is one of the 22 states that currently are “Right to work”.
“RIGHT TO WORK”
“Right to Work” for less laws in 22 states prohibit workers and employers from negotiating union security clauses, which ensure that all workers who receive economic benefits from union representation share the costs of maintaining the union. So called “right to work” laws make it harder for unions to represent workers effectively, with harmful consequences for union and nonunion workers – such as lower pay – as well as their communities. Congress should oppose federal “right to work” legislation, which would mandate “right to work” in every state, and instead allow workers in every state to freely negotiate union security clauses.
Once a majority of workers opts for union representation, federal law requires the union to represent all workers fairly. Yet federal law also gives workers in every state the choice not to be members of the union. In 28 states, workers and employers are free to negotiate union security clauses, which require non-members to pay agency fees to cover their fair share of the costs of union representation, though not the costs of the union’s political, legislative, social and charitable activities. The remaining 22 states have exercised their option under federal law to enact “right to work” laws that prohibit workers and employers from negotiating union security clauses, thereby allowing free rider nonmembers to avoid paying their fair share of the costs of union representation.
“Right to work” is deceptive. “Right to work” laws do not guarantee employment to any worker. Given their harmful impact on workers’ wages, these laws more appropriately should be call “right to work” for less.
“Right to work” laws impose unfair financial burdens on union members. Federal law requires unions to represent members and nonmembers equally – even nonmembers in “right to work” states who pay no agency fees – in grievances, arbitration, bargaining and every other aspect of representation. Federal law requires no other kind of membership organization to guarantee the benefits of membership to nonmembers. By allowing nonmembers to avoid paying their fair share of the costs of union representation, “right to work” laws shift those costs to union members.
“Right to work” laws depress union membership. Because nonmembers in “right to work” states can obtain the benefits of membership without paying agency fees, they have less incentive to become union members. Moreover, the free rider problem makes it less financially viable for workers in “right to work” states to form unions. As a result, fewer workers in these states are able to bargain effectively for improved wages, hours, benefits and working conditions.
“Right to work” laws weaken unions’ ability to represent workers. By depressing union membership and forcing unions to divert members’ dues money to pay for representing nonmembers, “right to work” laws make it harder for unions to represent workers effectively in the workplace and to advocate for the interests of working families in their communities and with elected officials.
“Right to work” laws harm union and nonunion workers alike. By depressing union membership and limiting the effectiveness of unions, “right to work laws harm both union and nonunion workers and their communities. In the 22 states with “right to work” laws, wages are lower, poverty levels are higher, more people lack health insurance, workplace fatality rates are higher, workers’ compensation benefits are lower, unemployment benefits are lower, per-pupil education spending is lower and voter turnout is lower.
Income: According to Bureau of Labor Statistics data, median household income in 2005 in “right to work” states was $5,900 less than in free-bargaining states.
Poverty and infant mortality: According to U.S. Census Bureau data, in 2001 “right to work” states had a poverty rate of 12.5 percent, compared with 10.2 percent in free-bargaining states. In 200, the infant mortality rate in “right to work “ states was 17 percent higher.
Healthcare: According to U.S. Census Bureau data, in 2005 the percentage of the population without health insurance was 20 percent higher in “right to work” states (16.1 percent) than in free bargaining states (13.4 percent).
Workers compensation: As of January 2006, the maximum weekly workers’ compensation benefit was 2.5 percent less in the “right to work” states than in free bargaining states ($596.48, compared with $748.64).
Unemployment insurance: According to the U.S Employment and Training Administration of the Department of Labor, the maximum weekly unemployment benefit in 2006 was 18 percent lower in “right to work states”.
Education: According to the National Education Association, during the 2005-2006 school year, “right to work states spent $2,369 less per pupil and paid their teachers $8,163 less.
Congress must oppose federal “right to work” legislation. For the benefit of the union and nonunion workers and their communities, Congress must oppose the federal National Right to Work Act, which would mandate “right to work” in every state.
Congress should allow free bargaining in every state. “Right to work “ laws must be repealed, not expanded. Section 14(b) of the National Labor Relations Act (NLRA), enacted as part of the anti-labor Taft Harley Act of 1947, allows states to prohibit union security agreements. Section 14(b) must be repealed to allow free bargaining in every state.
AFL-CIO Contact: Kelly Ross
Legislative Department, 202-637-5075
Sources: U.S. Census Bureau, Table H-8. Median Household Income by State: 1984 to 2005; U.S. Census Bureau, Table H105. Health Insurance Coverage Status and Type of Coverage by State and Age for All People: 2005; AFL-CIO, Death on the Job: The Toll of Neglect (April 2006); U.S Department of Labor, Employment Standards Administration, State Workers’ Compensation Laws – List of Benefit Tables, Table 6. Benefits for Temporary Total Disability Provided by Workers’ Compensation Statutes in the U.S., in effect as of January 1, 2006; U.S. Department of Labor, Employment and Training Administration, Office of Worker Security, Benefits and Duration Information by State for CYQ 2006.3; National Education Association, Rankings and Estimates – Rankings of the States 2005 and Estimates of School Statistics 2006, November 2006.
This is just one of the issues we must educate our union members about. In 2008, we hope that a "Right to Work" campaign will be introduced that creates a message that resonates with the voters. Our Legislative committee's next meeting will be on Thursday, April 19th here at the hall at 6:30PM. Come join us.