'Right to Work' States
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 or payment of dues as a condition of employment. These states are known as "right to work" states.
Currently, there are 27 "right to work" states: Alabama, Arizona, Arkansas, Kansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin and Wyoming.