The meaning of
“right-to-work”
am frequently called upon to explain what a
“right-to-work” state is. Most people do not
understand what it means to be in a right-to-work state,
thinking that it somehow has to do with getting hired and
fired.
Under the National Labor Relations Act, a
federal law that regulates the conduct of employers
and unions, an employer can agree, as
part of a collective bargaining agreement, that employees will
be required to join the union within 30 days of being hired, or
be fired. Actually, employees do not have to “join”
the union; it is good enough to pay dues and fees normally
assessed as part of membership to keep from being discharged.
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Before the National Labor Relations Act,
employers frequently agreed to “closed shop”
provisions, requiring employees to be members of the union
before being hired.
While the Act prohibited “closed
shops,” it authorized “union shops,” which at
least gave newly hired employees a 30-day chance to join before
being fired. Nevertheless, under a union shop clause, employees
who fail to pay dues to the union do so at their own risk.
The Act, however, also provided that
individual states could enact legislation making union shop
clauses unlawful there. States that have done so are called
“right-to-work” states because employees cannot be
fired for refusing to pay dues. They have a “right to
work.”
There are 14 nurses in Missouri who wish
that their state had enacted such legislation. The National
Labor Relations Board recently ordered their employer to fire
them under the union shop clause in their collective bargaining
agreement because they had failed to pay dues.
The employer had refused to fire them,
but the NLRB ruled that the hospital had no choice under the
law. So, the hospital’s good deed was deemed a violation
of federal law, and the employees are out of work.
The National Labor Relations Act also has
some interesting twists that should concern non-union
employers. For instance, employees who band together —
even without a union — to further some common employment
interest are protected by the Act. If they are disciplined for
their group conduct, the NLRB will take action.
Thus, what might be viewed as
insubordination by a single employee — “I hate you
and this place because the wages stink” — becomes
protected activity when two employees start the same sentence
with “we.”
The Act also extends protections to
individuals, including union officials, who try to get hired to
unionize your shop. The practice is called
“salting,” and employers cannot refuse to hire
these “salts” just because they plan to organize
your facility. The NLRB even tolerates some behavior by
“salts” that would be considered inappropriate if
engaged in by ordinary job applicants, such as lying.
Non-union employers should periodically
examine their hiring practices to insure that they are not
vulnerable to salting. They should also take steps to insure
that employees are well treated, making them less likely to
seek union representation.
Finally, they should make sure that
supervisors are properly trained in all aspects of hiring,
firing, and employee communication.
If you are in a right-to-work state, you
should know that union activity in those states is frequently
more aggressive and more successful than activity in other
states.
Further, only the union shop portion of
the law is not in effect. Employees and unions have all the
rights afforded employees and unions in non-right-to-work
states, with that one exception. Regardless of the kind of
state you work in, be mindful of the requirements of all
applicable federal, state, and local employment laws.
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