Author: Kimberly F. Seten, Constangy, Brooks & Smith, LLP

The National Labor Relations Act (the Act) allows employers and unions to enter into "union security" clauses that require, as a condition of employment, employees to become members in good standing of the union.

The Act also permits individual states to override this portion of the Act if the state has enacted a statute that prohibits the execution or application of agreements requiring membership in a union as a condition of employment.

There are 24 states with right to work laws. In these states, employees cannot be required to become a member of a union as a condition of employment.