What, exactly, is a “right to work” state?
If I’m not mistaken, it means that employers must provide a good reason to fire someone, unlike “Employment At Will” states, where one can be terminated for any reason or no reason at all. I’m noat sure what constitutes a “good reason”, but I’m sure a lawyer-type will be around shortly to explain it.
Does it have anything to do with compulsory union membership?
The AFLCIO says this about the concept of “right to work” states.
OTOH, the National Right to Work web site offers a different point of view.
OK, got the link. Apparently a right-to-work state does not allow a union to compel membership to work in a given trade.
Right to work guarantees your ability to get a job without joining a union or paying union dues. There are no “closed” (union only) shops in Right to Work states.
Employment at Will means you can be fired for any reason or no reason.
The two really have nothing to do with each other except that if you choose not to join a union, you probably won’t be protected under any collective bargaining agreement and are in effect working under employment at will rules.
So, can a Right to Work state also be an Employment at Will state?
That’s the definition I’ve always heard for it. North Carolina is a right-to-work state. I’m told that’s one of the reasons why a lot of films and TV shows are shot in NC (before they started shooting them in Canada instead.)
The two are distinct, but often occur together as both are considered “pro-business”.
If your job recognizes a union as your official collective bargaining unit and you can join the union, but choose not to, you are still subject to the terms of the negotiated contract. You don’t get to set your own terms. You also get the same job protections. You just don’t get to vote on the contract and things like that.
I’m no expert on labor law, but I’m pretty sure that’s how it works.
The two examples I can think of are:
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at my job there is an agency fee. Everybody has to pay 1% of their monthly salary as union dues. However, if you don’t want to join the union, they still take out the 1% The only way out of it is to claim a religious exemption, which is pretty hard to get. The people who aren’t in the union are still subject to the terms of the contract that the union negotiates.
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The Major League Baseball Players Association refuses to grant membership to any player who served as a replacement player during spring training of 1995. The handful of players who are still in the majors are still participants in the pension plan and also beneficiaries of other aspects of the Basic Agreement, i.e. minimum salary, travel benefits, arbitration rights. What they don’t get are benefits which are negotiated by the union such as certain licensing agreements.
My understanding was that a union shop is one where you can be hired without going through the union, but must join the union once hired.
A closed shop hires all its employees through the union.