"Right to Work" Issue Goes National

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

Employers across the country may soon be prohibited from effectively forcing employees to become members of a union based on legislation introduced in the House of Representatives on March 5. The bill, known as the "National Right To Work Act" (H.R. 946) and championed by Republican Steve King of Iowa, seeks to amend the National Labor Relations Act (NLRA) and the National Railway Act (NRA) which currently permit employers and unions to enter into agreements requiring union membership and the payment of dues as a condition of employment.

However, the NLRA does allow states to override such provisions and enact laws prohibiting the execution of such agreements, thereby providing employees with the right to choose whether to become union members. The "right to work" issue has traditionally been tackled on a state-by-state basis. This bill would effectively make the prohibition national.

At present time, 24 states have enacted "right to work" laws while several other states have similar legislation pending.

XpertHR will continue to follow this and other key HR compliance issues.

Additional Resources

Labor Relations > National Labor Relations Act

Union Organization and Labor Relations > Right to Work Laws