Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What you should know about right-to-work laws
Explainer: What you should know about right-to-work laws
Sep 1, 2026 12:44 PM

Shifts in the position of state legislatures during the recent election has made it likely that several states will be passing right-to-work bills in 2017.

As Melissa Quinn of The Daily Signal notes, in Kentucky, Missouri, and New Hampshire, last month’s election resulted in a flip in party leadership in either governors’ mansions or state legislatures, which put previously defeated right-to-work legislation back on the table.

Here is what you should know this issue which, as Quinn says, “pits the munity against labor unions, and has proved to be a contentious one for both parties.”

What is a right-to-work law?

Right-to-work laws are state laws that guarantee a person cannot pelled to join or pay dues to a labor union as a condition of employment.

Why are right-to-work laws considered a matter of economic freedom?

Economic freedom exists when people have the liberty to produce, trade, and consume legitimate goods and services that are acquired without the use of force, fraud, or theft. Mandatory unionism violates a person’s economic freedom since it forces them to pay a portion of their e, as a condition of employment, to a third-party representative—even if they disagree with the aims, goals, or principles of the representative group.

What’s wrong with being forced to pay for union representation?

In many countries that have a state religion citizens are forced to pay a portion of their e to support the activities of the state-approved church. Most Americans recognize that being required to directly finance the sectarian and dogmatic activities of a religious organization they may not wish to be associated with is a violation of their freedom of association.

Similarly, Americans should not be forced to financially support unions that claim to represent their economic interest if they believe such organizations are engaging in activities (such as political campaigning) they disapprove of or do not want to be associated with.

Aren’t right-to-work law anti-union?

Right-to-work laws do not impede workers from forming or joining unions. Several federal laws, especially the National Labor Relations Act, ensure that private sector workers have the right to choose whether they wish to be represented by a union. Right-to-work laws merely protect the individual’s right to free association within the sphere of employment. A union that is serving the best interest of its constituents should have no problem attracting and keeping members.

Don’t right-to-work laws cause “free rider” problems?

There is no free rider problem unless a union explicitly chooses to create free riders. AsJames Sherk explains:

Unions and their supporters argue that this unfairly forces them to represent workers who do not pay their share of collective-bargaining costs. They argue that right-to-work allows workers to enjoy the benefits of a union contract without paying for it. As Michigan state representative Tim Greimel told theDetroit News, “This really is not about so-called right-to-work or so-called freedom to work, it’s about freedom to freeload.”

That would be a fair point, if it were true. But it is not. The NLRA does not require unions to bargain as exclusive representatives. It enables them to do so — an important difference. Unions may bargain on behalf of every worker in pany. But the Supreme Court has ruled that the NLRA’s protections are “not limited to labor organizations which are entitled to recognition as exclusive bargaining agents of employees . . . ‘Members only’ contracts have long been recognized” (Retail Clerks v. Lion Dry Goods, 1962). Unions can negotiate contracts that apply only to dues-paying members and exclude non-dues-paying members. Their argument against right-to-work is untrue.

What states currently have right-to-work laws?

The states that currently have right-to-work laws are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.

Which states are likely to pass right-to-work laws in 2017?

Kentucky, Missouri, and New Hampshire.

Why should people that don’t work panies with unions care about this issue?

Even those who aren’t concerned about their neighbor’s economic freedom should care about job creation. And the evidence is clear that right-to-work states create jobs at a faster rate than states without such laws. As Mark J. Perry of the American Enterprise Institute explains, since the recession ended in June 2009, more than two jobs have been created in right-to-work (RTW) states for every one job created in forced unionism states (2.16 million jobs in RTW states vs. 1.05 million jobs in forced unionism states).

And when you consider that the population of forced unionism states (141.4 million) is 1.38 times larger than the population of RTW states (102.6 million), that means that RTW states are creating jobs at almost three times ((2.16m / 1.05m) x 1.38) the pace as in forced unionism states. We could also say that forced unionism states would have created close to three million jobs (2.16 m x 1.38) if those states had added new jobs at the same rate as RTW states over the last three years, instead of the 1.05 million increase. In other words, there are about 2 million “missing jobs” in forced unionism states that have much to do with the politics of forced unionism.

The reason everyone should care about right-to-work laws is because they increase economic freedom, which in turn, increases employment and the quality of life of all Americans.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Video: Samuel Gregg on Pope Francis, Poverty, and the Economy
No one questions the sincerity of Pope Francis when es to his demonstrated concern for the poor and downtrodden of the world. Many, however, have questioned whether the solutions that he has suggested will actually alleviate the poverty that afflicts too many around the world, or whether those solutions will actually exacerbate the problems of the poor. Samuel Gregg, Acton’s Director of Research, addressed this topic in his March 30th Acton Lecture Series address in which he lays out some...
Why Edmund Burke Supported Free Trade
The Republican Party is fracturing on the topic of trade. Alas, in the same corners where free and open exchange was once embraced as a propeller for economic growth and dynamism, protectionism is starting to stick. In response, free traders are pushing the typical arguments about growth, innovation, and prosperity. Others, such as myself, are noting that the trend has less to do with economic illiteracy than it does with a protectionism of the heart — a self-seeking ethos that...
The Corruption of the Best is the Worst
This year will deliver major superhero ensemble films that provide alternative views of the limitations and proper exercise of power. Batman v. Superman: Dawn of Justice premiered this spring to uneven reviews, and Captain America: Civil War is due out later this summer. As Charlie Jane Anders has observed, these films offer a noteworthy message to our contemporary situation. “These films are all about a man with superpowers and colorful clothes, and the question of whether he (and his friends,...
Samuel Gregg: Catholicism and the Enlightenment
Acton Research Director Samuel Gregg reviews a new book at the Library of Law and Liberty that demolishes the canard that religious figure were “somehow opposed holus bolus to Enlightenment ideas is one that has been steadily discredited over the last 50 years.” In his review of The Catholic Enlightenment: The Forgotten History of a Global Movement by by Ulrich L. Lehner, Gregg points out that the new book shows how “the Enlightenment argument for freedom was embraced by many...
Audio: Samuel Gregg on The Panama Papers
As news of the Panama Papers scandal continues to break, Acton Institute Director of Research Samuel Gregg has been making the media rounds to help people understand what appears to have happened and why. Sam made two appearances on radio yesterday, first on Relevant Radio’sThe Drew Mariani Show, speaking with guest host Ed Morrissey of ; later in the afternoon he spoke with Al Kresta on Ave Maria Radio’sKresta in the Afternoon. The audio of both interviews is posted below....
The Disabled Deserve the Dignity of Work
Last week, Hillary Clinton became the first major presidential candidate to ever mend paying all disabled workers the minimum wage. While its seems like a reasonable proposal, I explained why the effect would be to put workers with severe disabilities, such as those with Down syndrome, out of work. Clinton isn’t the only one pushing such measures, though. As Anne Schieber of the Mackinac Center notes, government regulators at the Department of Labor are also considering mandating “integrated work settings,”...
Losing faith in reason
A lack of reason may lead to violence and an inability to respond to crises, but that didn’t stop the West from abandoning it. In a new article for the Catholic World Report, Acton’s Samuel Gregg reflects on Pope Benedict XVI and his 2006 address near Regensburg, Germany. “Ten years later,” Gregg laments, the West is “still in denial.” On September 12, 2006 Benedict made global news with his lecture–his words enraged, gained support, and were analyzed countless times. The...
Payday lending is a debt trap. But regulatory ‘solutions’ may be even worse.
What’s the biggest problem with payday loans? The obvious answer would seem to be “high interest rates.” But interest rates are often tied to credit risk, and so charging high interest rates is not always wrong. Another answer may be that the loans appear to be targeted toward minorities. But research shows that the industry appeals to those with financial problems regardless of race or ethnicity. No, the problem with payday loans —what makes them a debt trap — is...
Business on Mission: Work, Vocation, and the Great Commission
In our discussions about reviving a healthy and holistic theology of work and vocation, it can be easy to get stuckin the realm of the theoretical. But what does it actually look like in practice, whether as an individual or enterprise? In an event co-sponsored by the Acton Institute and hosted at Southeastern Baptist Theological Seminary, several North Carolina businessmen share their insights and advice on a range of topics, pany culture, employee discipleship, and the church’s role in ministering...
Hard Times for Free Trade
“Since the end of the World War II, American politicians of the left and right agreed that it was in the country’s and indeed the world’s interest to promote the lowering of trade barriers,” says Kishore Jayabalan in this week’s Acton Commentary. But are American populists now presaging a turn against economic globalization? It may not be surprising that avowed socialist Bernie Sanders is opposed to free trade, but who could have imagined that the wife of “new Democrat” President...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved