Cecily Zamora
In the United States, right-to-work laws refer to state laws that prohibit union security agreements between employers and unions, allowing employees to refrain from joining a labour union. While federal law already makes it illegal to force someone to join a union, right-to-work laws aim to tilt the balance towards big corporations and make it harder for workers to form unions and collectively bargain. In 2023, Michigan became the first state in nearly 60 years to repeal its right-to-work law, which was signed by Governor Whitmer. This raises the question: can the governor change right-to-work laws?
| Characteristics | Values |
|---|---|
| Right-to-work laws prohibit | Union security agreements between employers and labor unions |
| Right-to-work laws guarantee | An employee's right to refrain from being a member of a labor union |
| Right-to-work laws do not guarantee | A general guarantee of employment to people seeking work |
| Federal law makes it illegal | To force someone to join a union |
| Right-to-work laws tilt the balance | Towards big corporations |
| Right-to-work laws make it | Harder for working people to form unions and collectively bargain for better wages, benefits and working conditions |
| Right-to-work laws have no impact | On economic growth |
| Right-to-work laws have no influence | On employment |
| Right-to-work laws are correlated with | A decrease in wages |
| Right-to-work laws generate | Greater political participation of citizens |
| Right-to-work laws give | An effective voice for workers and the middle class |
| Right-to-work laws result in | Lower unionization rates than non-right-to-work states |
| Right-to-work laws mean | Private-sector workers are less likely to be covered by a union contract |
| Right-to-work laws can be repealed | By the governor |
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What You'll Learn
Governors who have signed right-to-work laws
Right-to-work laws refer to state laws that prohibit union security agreements between employers and labour unions. In 1947, seven states approved right-to-work laws: Virginia, Tennessee, North Carolina, Georgia, Iowa, Texas, and South Dakota. As of 2024, 26 out of 50 states in the US have right-to-work laws in place.
- Governor John Lynch of New Hampshire signed a right-to-work bill in 2011.
- Governor Michelle Lujan Grisham of New Mexico signed a bill in 2019 that prohibits local right-to-work laws and states that union membership and dues may be required as a condition of employment.
- Governor Whitmer of Michigan signed a bill repealing the right-to-work law in 2023, which took effect in 2024.
- The governor of Indiana signed a right-to-work law in 2012.
- The governor of New Hampshire signed a right-to-work bill in 1947, which was repealed in 1949.
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States with right-to-work laws
In the context of US labour law, the term "right-to-work laws" refers to state laws that prohibit union security agreements between employers and labour unions. These laws guarantee an employee's right to refrain from being a member of a labour union. They do not aim to provide a general guarantee of employment but rather to protect an employee's right to choose whether to join or financially support a union. However, employees in the railway or airline industries are not protected by these laws.
The first right-to-work laws were passed in 1947 by seven states: Virginia, Tennessee, North Carolina, Georgia, Iowa, Texas, and South Dakota. As of 2025, twenty-eight states have right-to-work policies, either by statutes or constitutional provisions. These include Alabama, Arizona, Arkansas, Florida, Georgia, Guam, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.
The federal government operates under open-shop rules, meaning employees cannot be compelled to join or financially support a union. However, many federal employees are represented by unions. The 1947 Taft-Hartley Act, which governs private sector employment, prohibits "closed shops", where employees are required to be union members. It allows union shops or "agency shops", where employees pay a fee for representation without joining.
Right-to-work laws have been criticised for tilting the balance towards big corporations and reducing workers' collective power. They make it harder for workers to form unions and collectively bargain for better wages and working conditions. Data suggests that states with these laws have lower unionisation rates and that they can damage state economies by increasing income inequality and reducing job quality.
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The impact of right-to-work laws on state economies
In the context of US labor law, right-to-work laws refer to state laws that prohibit union security agreements between employers and labor unions. These laws guarantee an employee's right to refrain from being a member of a labor union. While federal law already makes forced union membership illegal, right-to-work laws make it harder for workers to form unions and collectively bargain for better wages, benefits, and working conditions.
Right-to-work laws have been shown to damage state economies by accelerating income inequality and reducing job quality, without delivering any job growth. States with right-to-work laws generally have lower unionization rates than non-right-to-work states, and private-sector workers in these states are less likely to be covered by a union contract. In the five states that adopted right-to-work laws in 2011-2017, unionization and wages both declined, particularly in construction, education, and public administration. These laws are also associated with a 7.5% decrease in wages and have been shown to disproportionately affect women and public-sector workers.
Right-to-work laws have faced recent pushback, with Michigan repealing its right-to-work law in 2023, Illinois voters approving a constitutional Workers' Rights Amendment banning future right-to-work laws in 2022, and Missouri voters rejecting their legislature's attempt to impose right-to-work restrictions in 2018. Despite this, anti-union groups continue to push for the passage of right-to-work laws in other states, such as New Hampshire, which has rejected right-to-work bills at least seven times since 2010.
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The process of repealing a right-to-work law
In the context of US labor law, the term "right-to-work" refers to state laws that prohibit union security agreements between employers and labor unions. These laws give employees the right to refrain from being a member of a labor union. While federal law already makes forced union membership illegal, right-to-work laws make it harder for workers to form unions and collectively bargain for better wages and working conditions.
The specific process for repealing a right-to-work law can vary from state to state, depending on the political landscape and the support for such laws. In some states, like Virginia, legislators have debated the repeal of right-to-work laws, with bills being introduced in the state legislature. However, the passage of these bills is uncertain, and they would also need to be signed by the governor.
It's important to note that the repeal of a right-to-work law may not have immediate effects, especially for employers with non-unionized workplaces. In the long term, however, a repeal could strengthen unions by increasing their funding and membership, potentially leading to increased business costs and changes in employee recruitment.
Additionally, while some states have repealed right-to-work laws, others have introduced them. For example, in 2019, New Mexico's legislature approved legislation that prohibits local right-to-work laws and allows union membership and dues as a condition of employment. This highlights the ongoing debate and varying approaches to right-to-work laws across different states.
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Right-to-work laws and union security agreements
In the context of US labor law, right-to-work laws refer to state laws that prohibit union security agreements between employers and labor unions. These laws guarantee an employee's right to opt out of unions without facing any consequences such as job loss or retaliation from employers or unions. They also protect an employee's freedom of speech, as they are no longer required to financially support politically-affiliated unions they disagree with.
Union security agreements, on the other hand, can require workers to join or pay for unions. The National Labor Relations Act (NLRA) allows employers and unions to enter into such agreements, which mandate that all employees in a bargaining unit become union members and start paying union dues and fees within 30 days of being hired. However, even under these agreements, employees who object to full union membership may continue as 'core' members, paying only a share of dues used for representation.
Right-to-work laws weaken unions by making union membership and financial support voluntary, thereby diminishing union power and control. They also create a situation where non-union members can benefit from union efforts without paying, creating an unfair "free-rider" situation. In addition, these laws make it difficult for unions to afford the high costs of formation and collective bargaining, infringing on the right to organize.
The Taft-Hartley Act of 1947 made it illegal for employers to have a "closed shop" agreement, where employees are required to be union members as a condition of employment. This Act also gave individual states the right to outlaw "union shops" and "agency shops", creating right-to-work states. As of 2023, 27 states have banned union security agreements by passing right-to-work laws, leaving it up to each employee to decide whether to join a union and pay dues.
Some states have repealed their right-to-work laws, such as Michigan and New Hampshire, while others have passed legislation to adopt these laws, like Indiana and Wisconsin.
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Frequently asked questions
Yes, the governor can change right-to-work laws by signing a bill into law. For example, Governor Whitmer of Michigan signed a bill repealing the state's right-to-work law in 2023.
In the context of US labor law, right-to-work laws refer to state laws that prohibit union security agreements between employers and labor unions. These laws guarantee an employee's right to refrain from being a member of a labor union.
Right-to-work laws make it harder for workers to form, join, and sustain unions. States with right-to-work laws generally have lower unionization rates than states without these laws.
Several states have passed right-to-work laws, including Alabama, Arizona, Arkansas, Florida, Georgia, and Idaho. As of 2024, twenty-six states have right-to-work laws in place.
