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What is a so called "Right to Work" Law? |
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It's a loophole created under Section 14(b) of the National Labor
Relations Act (NLRA) that allows a state to enact a law prohibiting
union security clauses in union contracts. It was enacted as part of the
1947 Taft-Hartley Act, a major anti-worker overhaul of Federal labor law
pushed through by the 80th Congress despite a veto by President Harry
Truman. It is worth noting that this was the first Republican controlled
Congress since 1932.
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What is a union security clause? |
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A union security clause requires all workers who receive the benefits
of a collective bargaining agreement (also called a union contract) to
share the costs of the administration of that agreement. A Right to Work
law prohibits a union security clause thus creating a "Right to
Freeload" law.
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Can workers be forced to join a union before getting a job? |
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No. Under Federal law no one can be forced to join a union before
getting a job. That's called a "closed shop" and has been illegal under
the National Labor Relations Act for years.
Read the Act:
National Labor Relations Act
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The Right to Work supporters keep talking about "compulsory"
unionism. Do all workers have to be union members when there is a union
security clause in a contract? |
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No. "Compulsory" unionism is a boogeyman created by folks with an
anti-worker agenda. Again, under Federal law workers can never be forced
to join a union even when there is a union security clause in the
contract. This has been part of the law for years.
Read the Case:
NLRB v. General Motors Corp., 373 U.S. 734 (1963)
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Can workers be "forced" to pay for union political activities?No. Once again, under Federal law workers can never
be forced to pay dues for union political activities.
Read the Case:
Communications Workers v. Beck, 487 U.S. 735 (1988)
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Do Right to Work laws affect wages and benefits? Yes. The real data shows that
once "Right to Work" laws are enacted, they lower wages and benefits for
all workers. Workers in "Right to Work" states earn far less then their
counterparts in Non-Right to Work states. It's the same effect with
benefits. For more information take a look a these reports:
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Do so called "Right to Work" laws promote new industries and economic
development?No. Companies locate in a state for
many reasons including the quality of local workforce, collaborative
economic development partnerships and physical infrastructure factors.
Read the Place Matters Report:
Place Matters: Employers,
Low-Income Workers, and Regional Economic Development written by the Urban
Institute, which is dedicated to nonpartisan social and economic
research.
If a company does consider locating in a state because of a "Right
to Work" law, it's because of lower wages and benefits. Purposely
enacting laws to lower wages and benefits for all workers in order to
lure low-paying jobs to the state is not a sound economic plan for
Michigan or any other state. Michigan has a sound economic plan that
includes attracting high tech and alternative energy jobs as
demonstrated by The Venture Michigan Fund and the 21st Century
Investment Fund.
Read the Michigan Alternative Energy Development Plan:
Michigan Alternative Energy
Development Plan
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But won't a "Right to Work" law improve a state's overall business
climate?
No. In fact, it has the opposite effect. It will
create a climate in which businesses will increase profits because of
lower wages but that's not good for the state or its workers. When wages
fall, state revenues from income tax and sales tax fall as well. That
means the state has far less funding available to finance education,
transportation, and other programs that are vital to attracting new
industries and businesses. Michigan is already ranked the 6th business
friendly state in the nation according to the Small Business Survival
Index.
Read the
2007 Small Business Survival
Index Report
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So, what about the reports from the National Institute for Labor
Relations Research (NILRR) that the "Right to Work" supporters
distribute about increased economic development in states with "Right to
Work" laws?
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National Institute for Labor Relations Research (NILRR) is an arm of the
National Right to Work Committee and they have an anti-union political
agenda. Further, many people have raised serious questions and doubts
about their research methodology. There are many reports available from
reliable sources that completely contradict the NILRR. If you see other
reports from Right to Work supporters, look to see if they're quoting
data from the NILRR.
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What is the National Right to Work Committee (NRTWC)?
It is an anti-union, special interest,
out-of-state organization based in Virginia. It is one of the largest
special interest groups behind these so called "Right to Work" laws. It
has an anti-union agenda and raises a lot of money to wage war against
unions all over the country which, in turn, lowers wages for all
workers.
There are actually three branches of the National Right to Work
Committee even though they don't appear to be the same organization.
Additionally, they set-up or advise state "Right to Work" committees.
The three NRTWC branches are:
Through 2005 gross receipts for the National Right to Work Legal Defense
Foundation (NRTWLDF) were over 25 million dollars. It is very well
funded. Since technically it is a 501(c)(3) "public charity"
organization, its IRS Form 990 is available to the public. Take a look:
You'll also notice that although the NRTWC criticizes unions for
opposing freeloaders, it has Visa and MasterCard links right on its home
page soliciting for money. The Foundation has a link soliciting for
money on its home page as well.
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Does a "Right to Work" law guarantee me a job or the "right" to a
job?
No. Right to Work laws have nothing to do with
creating or providing jobs for workers?
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Does a "Right to Work" law protect me from losing my job?
No. Michigan is an "at-will" employment state
which means that you can be fired for any reason or no reason.
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So, under "at-will" employment my employer can fire me for no reason
and the "Right to Work" law does nothing to stop this?
Correct. A Right to Work law does not guarantee
any right to "work" nor does it stop an employer from firing you under
the at-will doctrine.
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