Definition
A US state that has enacted legislation prohibiting union security agreements, meaning employees cannot be required to join a union or pay union dues as a condition of employment, even at workplaces where a union represents the bargaining unit.
UK Context
Best Practices
- Understand and comply with the right-to-work laws in each state where you operate
- Ensure onboarding materials accurately inform employees of their rights regarding union membership and dues
- Never discriminate against employees based on their decision to join or not join a union
- Consult labour counsel when managing union relations in right-to-work states to ensure compliance with both state and federal law
Frequently Asked Questions
What does a right-to-work law do?
It prohibits union security agreements that require employees to join a union or pay union dues as a condition of employment. Employees in right-to-work states can choose to benefit from union representation without being required to pay for it.
Which states are right-to-work states?
As of 2024, 27 states have right-to-work laws, including Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.
Can unions still operate in right-to-work states?
Yes. Unions can still organise, represent employees, and negotiate collective bargaining agreements in right-to-work states. The difference is that individual employees cannot be required to join the union or pay dues as a condition of employment.