Right-to-work law

Right-to-work laws are statutes enforced in twenty-two U.S. states, mostly in the southern or western U.S., allowed under provisions of the Taft-Hartley Act, which prohibit agreements between trade unions and employers making membership or payment of union dues or "fees" a condition of employment, either before or after hiring.

The Taft-Hartley Act outlawed the "closed shop." The Act, however, permitted employers and unions to operate under a "union shop" rule, which required all new employees to join the union after a minimum period after their hire. Under "union shop" rules, employers are obliged to fire any employees who have avoided paying membership dues necessary to maintain membership in the union; however, the union cannot demand that the employer discharge an employee who has been expelled from membership for any other reason.A similar arrangement to the “union shop” is the “agency shop,” under which employees must pay the equivalent of union dues, but need not formally join such union.

The Taft-Hartley Act goes further and authorizes individual states (but not local governments, such as cities or counties) to outlaw the union shop and agency shop for employees working in their jurisdictions. Under the "open shop" rule, an employee cannot be compelled to join or pay the equivalent of dues to a union, nor can the employee be fired if he or she joins the union. In other words, the employee has the right to work, regardless of whether he or she is a member or financial contributor to such a union.

The Federal Government operates under "open shop" rules nationwide, although many of its employees are represented by unions. Conversely, professional sports leagues (regardless of where a team is located) operate under "agency shop" rules. Twenty-six states do not have right-to-work laws. If no union is formed in an employee's workplace the lack of a right-to-work law does not mean an employee has to join a union.