Right to Work
You might be surprised to learn that the right to work legal
concept is not the same as the Doctrine
of Employment at Will, as it's not unusual for workers to innocently
confuse one with the other.
Right to work means that American workers may choose whether
or not to join unions without consequence, such as employer or union retaliation.
It also means that workers may resign union membership at anytime without
consequence.
In other words, right to work means that employers and unions
may not pressure, coerce or
otherwise force workers to join unions or keep their union memberships
intact as a condition of employment.
The remainder of this "Right to Work" summation
is primarily for private-sector workers.
However, the right to work might differ somewhat for certain private-sector
workers, such as airline and railroad workers. It might also differ somewhat
for public-sector workers.
Regardless, resources for most workers are provided below.
The National Labor Relations Act (NLRA) prohibits such behavior by private-sector
employers and unions. It's a Federal labor
law that grants workers the right to join and form unions and participate
in protected union activities, while its right to work provisions grant
workers the right to refrain from such.
The equivalent Federal
labor law for Federal government workers is the Civil Service Reform
Act. The equivalent for railroad and airline workers is the Railway
Labor Act (RLA). For state and local public-sector workers, equivalent
laws vary by state and municipality, such as state right to work laws.
Even if workers choose not to join unions, their rights still entitle
them to the same union representation as that received by union members
in the same bargaining
units. But, under the NLRA and through union-security agreements (or clauses in collective
bargaining agreements), nonmembers might have to pay dues for their
share of union representation, if state right to work laws don't make it
illegal. The dues that nonmembers pay for this purpose are sometimes referred
to as agency fees.
As indicated, states may enact right to work laws that expand NLRA worker
union protections, as several have. Those that have enacted state right
to work laws are commonly called right
to work states.
Right to work laws vary by state, but they generally protect the right
to work without joining unions, or paying union dues or so-called agency
fees. Some state right to work laws also reinforce the workers' rights
granted by the NLRA to form and join unions, and participate in protected
union activities.
If an employer or union has violated any aspect of your right to work
under the NLRA and if you're a private-sector worker not regulated by the
RLA, then you may file an unfair
labor practice charge with the National Labor Relations Board. The
NLRB is a Federal government agency that enforces the NLRA.
However, because it receives thousands of complaints annually, the NLRB
might focus only on your personal interests that are also for the good
of all private-sector workers; but, you're entitled to hire your own attorney to
represent all of your appropriate personal interests if you wish. You might
also be entitled to collect attorneys' fees, court costs and damages.
Subsequently, consulting an attorney prior
to filing a charge with the NLRB might be a good idea. An attorney will
likely file a more-compelling charge than you can in legalese,
to increase your chances that the NLRB will act on your behalf. (The NLRB
finds merit in only about one-third of the charges it receives annually.)
An attorney will likely also let you know if it might be a better idea
to instead take legal action under a state right to work law. If an employer
or union has violated any aspect of your rights under a state right to
work law, then you might be entitled to sue or file for an injunction in
state court. You might also be entitled to collect court costs, attorneys'
fees and damages.
Whether you file a charge with the NLRB or consult an attorney first,
don't delay for long. At this writing, a six-month statute
of limitations applies for taking legal action under the NLRA. A similar
statute of limitations likely applies for taking legal action under a state
right to work law.
To discover more about your right to work and other union rights, consult
an attorney or conduct research. Good
places for all workers to start researching are listed below.
Listed below are additional research resources for the workers specified.
Workers might also try browsing the Web sites of their unions and employers
for information about their right to work and other union rights.
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