Right-to-Work 101

Why These Laws Hurt Our Economy, Our Society, and Our Democracy

By David Madland, Karla Walter, and Ross Eisenbrey | February 2, 2012

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Read this issue brief (CAP Action)

What are right-to-work laws?

In states where the law exists, “right-to-work” makes it illegal for workers and employers to negotiate a contract requiring everyone who benefits from a union contract to pay their fair share of the costs of administering it. Right-to-work has nothing to do with people being forced to be union members.

Federal law already guarantees that no one can be forced to be a member of a union, or to pay any amount of dues or fees to a political or social cause they don’t support. What right-to-work laws do is allow some workers to receive a free ride, getting the advantages of a union contract—such as higher wages and benefits and protection against arbitrary discipline—without paying any fee associated with negotiating on these matters.

That’s because the union must represent all workers with the same due diligence regardless of whether they join the union or pay it dues or other fees and a union contract must cover all workers, again regardless of their membership in or financial support for the union. In states without right-to-work laws, workers covered by a union contract can refuse union membership and pay a fee covering only the costs of workplace bargaining rather than the full cost of dues.

There is scant evidence these laws create jobs, help workers, or are good for a state’s economy, as supporters claim. Instead, these laws weaken unions and thereby hurt workers, the middle class, and local economies. We present here a Right-to-Work 101 so that the debate over right-to-work laws proceeds based on the facts.

Read this issue brief (CAP Action)