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Tuesday, March 01, 2011

Right To Work: Representation Without Taxation

Part of Wisconsin Gov. Scott Walker's union-busting agenda is including a "right to work" rule for public-sector employees. Several other Republican governors are considering similar measures for both the public and private sectors. Insofar as they succeed, these right-to-work measures will seriously weaken the bargaining power of workers.

"Right to work" is a great name from the standpoint of proponents, just like the term "death tax" is effective for opponents of the estate tax, but it has nothing to do with the issue at hand. It is widely believed that in the absence of right-to-work laws workers can be forced to join a union. This is not true. Workers at any workplace always have the option as to whether or not to join a union.

Right-to-work laws prohibit contracts that require that all the workers who benefit from union representation to pay for union representation. In states without right-to-work laws, unions often sign contracts that require that all the workers in a bargaining unit pay a representation fee to the union that represents the bargaining unit.

The logic is straightforward. When a union is recognized as representing a bargaining unit, it legally must represent every worker in that unit, whether or not a worker opts to join the union.

This means not only that nonmembers get the same wages and benefits that the union negotiates with the employer, but the union is also obligated to represent any nonmember individually if that worker gets in a dispute with the employer over an issue covered in the contract. For example, if a nonunion member is threatened with a discipline action or firing, the union must defend this worker's rights just the same as if they were in the union.
Right-to-work laws prohibit workers from being required to pay for this union representation. What right-to-work laws actually guarantee is the ability for a worker to benefit from union representation without having to pay for union representation.

1 comment:

  1. I thought youhad got past posting articles from truthout.(boy is that name an oxymoron) Most people would object less to being a union member if a large percentage of their dues did not go to support political campaigns, overwhelmingly democrats. Unions are also resposible for the condition of the states financial difficlties. The time for unions is well past. If you watched Meet the Press Sunday you would have heard the host ask the leader of the AFLCIO who he would prefer the republican nominee be in 2012, because that is who he would be organizing against. So why would any Republican or independant want their union dues to to support someone they may not want elected?

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