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  1. Topics & Tools
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  3. Congressional Bills Introduced to Nullify Right-to-Work Laws
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News

Congressional Bills Introduced to Nullify Right-to-Work Laws

September 9, 2022 | Allen Smith, J.D.

The united states capitol building in washington, dc.


​Sen. Elizabeth Warren, D-Mass., introduced a bill Sept. 8 that would ban right-to-work laws, which are in place in 27 states. Rep. Brad Sherman, D-Calif., has introduced a companion bill in the House of Representatives. We've gathered articles on the news from SHRM Online and other media outlets.

Right-to-Work Laws Place Limits on Contracts

Right-to-work laws prohibit employers and unions from entering into agreements requiring every worker covered by the contract to pay fees to the union—even if those workers are not union members. There are 18 co-sponsors of Warren's bill and a dozen co-sponsors of Sherman's bill. Warren previously introduced similar versions of the bill in 2017 and 2020. Currently, 27 states have right-to-work laws, after Missouri overturned such a law in 2018 following its 2017 passage. Chances of Warren's bill passing the Senate now are thought to be small.

(HuffPost)

Warren's Statement

"At a time when labor unions are growing in both size [and] popularity and delivering real wins for workers, Democrats are making clear that we stand in solidarity with workers everywhere, from Starbucks baristas to Google cafeteria workers and everyone in between," Warren said.

(Common Dreams)

Unionization of Cafeteria Workers at Google

Thousands of cafeteria workers at Google, who typically work for contractors rather than the tech giant itself, have unionized over the past few years. They have secured higher wages, retirement benefits and free platinum health care coverage. As many as 4,000 of these workers unionized during the pandemic.

(The Washington Post)

Union Approval Rating Reaches Highest Point Since 1965

Most people in the U.S.—71 percent—approve of labor unions, the highest approval rating recorded on this measure since 1965, according to a recent survey from Gallup. Nevertheless, most nonunion workers don't want to join the labor movement, according to another survey. 

(SHRM Online)

Pros and Cons of Right-to-Work Laws

Right-to-work laws give U.S. workers a choice about whether to join a union and pay membership dues. In states without such legislation, employers and unions can agree to require workers in a bargaining unit to either join the union or pay certain fees within a specified time after their start date.

Union representatives argue that right-to-work laws promote "free riding," meaning that employees who don't pay their "fair share" of membership dues still reap the benefits of collective bargaining. 

In states without right-to-work laws, employees can still opt to pay only agency fees, which are limited to the cost of collective bargaining activities and don't include expenses related to union lobbying and other political activities. States and public-sector unions may no longer extract agency fees from nonconsenting employees, following a 2018 Supreme Court decision.

Some workers may have philosophical objections to union representation. "Employees argue that they shouldn't be forced to pay any fees to an organization they might abhor so that they can keep their jobs," said James Plunkett, an attorney with Ogletree Deakins in Washington, D.C. That's why some employees support right-to-work laws.

(HR Magazine) and (SHRM Online)

ESG, Ethics & Compliance
Labor Unions


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