Right to Work

• Author: Richard Leiter
• Pages: 307-313

Page 307

As labor unions began to organize and to bargain with employers on behalf of its members, many troublesome issues began to arise. For instance, if a union negotiated a contract with a company, did the contract cover only union members or those employees who refused to join the union too? Could the union insist that the employer refuse to hire nonunion members? If a member violated some union policy, could the union insist that the employer fire the employee?

To say that the union had the power to decide who worked and who did not meant that the employer was deprived of a fundamental right in running his business. Conversely, if an employer who hired and fired whom he pleased, it meant that, potentially, the union contract could be undermined simply by hiring nonunion employees.

Over the years an intricate system of rules, regulations, and laws has evolved to manage the many thorny issues that have arisen in the context of union contracts, including the protection of the rights of nonunion employees to work for unionized employers. These “right to work” laws generally forbid both unions and employers from denying a nonunion employee a job solely on account of his union status. Twenty-five states are currently “right to work” states. Twenty-five and the District of Columbia have no statutory provision, apparently allowing the union to bargain with the employer for the right to insist upon union membership as a condition for employment.

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Table 21: Right to Work
State	Code Section	Policy	Prohibited Activity	Penalties
ALABAMA	25-7-30, et seq.	The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.	Any agreement/combination between employer and labor union or organization denying nonmembers right to work is prohibited; labor organizations cannot require membership, abstention, or payment of union dues.	Harmed person may recover such damages sustained by reason of denial or deprivation of employment.
ALASKA	No statutory provisions
ARIZONA	23-1302, et seq.; Ariz. Const. Art. XXV	No person shall be denied opportunity to work because of nonmembership in a union.	Threatened or actual interference with person, his family, or property to force him to join union, strike against his will, or leave job; conspiracy to induce persons to refuse to work with nonmembers; agreements which exclude person from employment because of nonmembership in union.	Any act/agreement in violation of article is illegal and void; damages; injunctive relief.
ARKANSAS	Ark. Const.Amend. XXXIV; 11-3-301, et seq.	Freedom of organized labor to bargain collectively and unorganized labor to bargain individually.	Union affiliation or non-affiliation not to be condition of employment; contracts to exclude persons from employment.	Persons violating chapter guilty of a misdemeanor; fined not less than $100 nor more than $5,000.
CALIFORNIA	No statutory provisions
COLORADO	8-3-101, et seq.	Freedom to organize and right to refrain from organizing	Interfere with, restrain, or coerce person’s right to organize or refrain from organizing	Civil liability damages; misdemeanor, first offense not less than $50 nor more than $100, 2nd and subsequent offenses not less than $100 nor more than $500, together with costs
CONNECTICUT	No statutory provisions
DELAWARE	No statutory provisions
DISTRICT OF COLUMBIA	No statutory provisions
FLORIDA	Fla. Const. Art. I §6	The right of persons to work shall not be denied or abridged by membership or nonmembership in any labor union or organization.	Public employees do not have right to strike; right of employees to bargain collectively through a labor union shall not be denied or abridged.

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State	Code Section	Policy	Prohibited Activity	Penalties
GEORGIA	34-6-21, et seq.	No person shall be required as a condition of employment to be or remain a member of a labor organization or to resign or to refrain from membership with a labor organization.	Membership in or payment to labor organization as condition of employment; contracts requiring membership in or payment to labor organization as contrary to public policy; deduction from wages of fees for labor organization without individual’s order or request.	Injunctive relief; costs and reasonable attorney’s fees; actual damages; misdemeanor punished as provided in §17-10-3
HAWAII	377-1, et seq.	Employees have right of self-organization and right to form, join, or assist labor organization; right to refrain from organizing	Interfere with, restrain, or coerce employee’s right to organize; influence the outcome of any employment relations controversy	Fine not more than $500 or imprisonment not more than 1 yr., or both
IDAHO	44-2001,

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