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Major Project - Research Paper Example

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The “rights to work state” is a state-based legal concept, which is based on the constitutional principle of freedom of association and the principle of common law which declares rightful ownership of private property. The right-to-work laws based on these legal principles…
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Download file to see previous pages As such, these states are referred to as the “right to work states.” The right to work laws legally ensures that the right of workers to make decisions as to whether to be union members or not, is upheld. The institution of these statutes in the states that have accepted them prohibits institution of agreements made between employers and labor unions, which compel employees to pay union fees or be members of unions, either prior to or after being hired (DelPo & Guerin, 2011).
Currently, there are 23 states which are considered right-to-work states and the total would be considered 24 because the territory of Guam has also adopted the laws (Cooper, 2004). State statutes are in a constant flux and there may be new members too as other states such as Indiana contemplate instituting the laws. A large number of states that adopted the right-to-work laws did so in the 1940s and 50s after the legislation of the Taft-Hartley Act of 1947. This act allowed the states to institute the right-to-work laws after the 1935 pro-union Wagner Act was deemed to have given too much power. Currently, 27states as well as the District of Columbia have not yet adopted the rights-to-work laws (Cooper, 2004). The table below shows the legislation timeline for each of the 23 states.
Note: It has to be noted that Indiana (1965), New Hampshire, and Delaware (1947) instituted the right-to-work laws in the years within the brackets preceding each state, but they are not included in the table above because they have since then repealed these laws.
Prior to the legislation of the Taft-Hartley Act in 1947, which permits states to legislate right-to-work laws, the 1935 Wagner Act allowed unions to have exclusive representation powers. This allowed unions to be the voice of all employees in unionized organizations. Under this legislation the union would be recognized as the official employee’s voice if it could be able to secure 50% of the employees’ votes. For example, if an ...Download file to see next pagesRead More
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