Right-to-work laws refer to stipulations on trade unions' relationship with employer and employees. It addresses concerns over union membership and dues, influence over employment status, and freedom of employees to not engage in union activities. But unlike other states, California does not implement right-to-work laws.
Generally, right-to-work laws are meant to restrict trade union and employers from denying employment to a non-union worker. It means that an employee is free to exercise his or her job duties even without membership with an existing union. It provides protection and job security to workers who do not want to engage in union activities.
The complexity of trade union policies has prompted some states to abandon it totally. The problem occurs when a nonunion employee benefit from union-employer contract even without fulfilling membership requirements. Also, when a member commits union violation and the employer is persuaded to fire the employee.
Employers also encountered difficulty in defining administrative control and authority on hiring and retaining employees.
Currently, the state of California has no right-to-work laws that will influence the employment status of employees. However there are dormant and pending bills in the congress concerning right-to-work. Some of these are:
1. National Right to Work Act- It aims to prohibit the firing of nonunionized employee due to nonpayment of union dues.
2. Labor Management Relations Act- It gives states and cities the discretion in implementing right-to-work laws.
If a state chooses to implement a right-to-work law, the employees are given the freedom to refuse union membership and refrain from union activities. The employee is also given protection against threat of termination.
If a state chooses not to implement right-to-work laws, the union is given the prerogative to negotiate conditions with employers.
Here are some states that implements specific right-to-work laws:
6. South Dakota
11. North Carolina
The United States has the National Right to Work Committee that oversees implementation of specific union-related policies. A state may not implement right-to-work laws, but may stipulate limitation on the influence of union over employment status matters.
Also, the United States Supreme Court prohibits collective bargaining agreement from forcing employees to join a union. Nonunion members only need to pay an amount used to represent them. Nonunion members have the right to question and receive adequate explanation on such amount.
The right-to-work provisions may differ from one industry to another. The National Right to Work Committee oversees rulings on airline, railway, government, and other government offices.
Consult with a Labor Right and Employment Law Attorney in Los Angeles to learn more on Right- to-work laws.