RTW: What it is, and isn’t

The “Right To Work”(RTW) Law has nothing to do with the ability to work or not work. It is, as Mr. Goldberg correctly suggests, a creation of corporate America. It is also designed to bankrupt unions by counting on an individual’s greed.

Under RTW, an individual who works for a company with union-represented employees is not required to pay dues or even fees to help defray the union’s costs related to collective bargaining and grievance processing. It is an Unfair Labor Practice under the National Labor Relations Act for a union to refuse to represent all employees, including “free riders.”

At the time I retired from my position as field attorney for the Phoenix [in a RTW state] Region of the National Labor Relations Board (NLRB) in 2010, I saw an example of how RTW works.

A group of employees who worked for a defense contractor at a local Air Force base filed a petition for an election and union representation. And while the union eventually obtained a contract. it was subsequently forced to “disclaim interest” in which they surrendered their legal right to represent the employees.

And the reason? The union spent more than $10,000 pursuing five employee grievances to arbitration. [It won all five]. Not one of the represented employees ever joined the union. The region granted the union’s “Disclaim of Interest” request the day it was received.

RICHARD A. SMITH, JD

NLRB (1995-2010)

USN (’65-’69)

Phoenix