State laws commonly referred to as "right-to-work" laws require labor unions to allow the hiring of non-union workers, even though non-union workers are still entitled to the compensation and terms negotiated by the union. While an increasing number of states have passed these laws, union-heavy states such as New Jersey have no such statutes. Also, New Jersey courts have upheld union agreements that require union membership.
An increasing number of states has, however, enacted right-to-work laws. These states include (but are not limited to) Texas, Florida, Arizona, and Michigan. In these states, employees and prospective employees are not required to join a union or pay union dues in order to work at a company that has a collective bargaining agreement in place. Proponents of these laws argue that it's unfair to require union membership, that it should be voluntary, while opponents charge that right-to-work laws are intended to decrease union membership.
For the most part, unions are regulated at the federal level by the National Labor Relations Board (NLRB), which was created by passage of the National Labor Relations Act. The Act establishes rules and procedures for businesses and labor organizations that wish to enter into collective bargaining agreements. See Union Basics to learn more.
Learn more about New Jersey laws and right-to-work statutes below. See Union Members Rights and Responsibilities to learn more.
Code Section | No statute deals with union-security contracts but the state courts have upheld closed-shop and union-shop agreements. F. F. East Co. v. United Oysterman's Union 21 A.2d. 799 |
Policy on Union Membership, Organization, etc. | - |
Prohibited Activity | - |
Penalties | - |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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New Jersey Right to Work Laws: Related Resources