Right to Work laws at the polls and in the courts - an update
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Since my last blog on this subject, dated November 28, 2016, two more states have enacted Right to Work laws. This brings to twenty-eight the total number of states having such laws, which prohibit requirements that workers pay union dues as a condition of employment. Kentucky's Right to Work law was signed by Governor Matt Bevin on January 7, 2017; it took effect immediately. Missouri's was signed by Governor Eric Greitens on February 6, 2017. It will not go into effect until August 28, 2017. Moreover, if unions obtain a sufficient number of signatures on a petition for a referendum, it will not go into effect unless Missouri voters approve the new law in the 2018 general election.
In the meantime, the union lawsuits challenging the constitutionality of the Wisconsin, West Virginia, and Idaho Right to Work laws continue, with all three of those laws still enforceable. Oral argument in the state court case against the Wisconsin private-sector law has been scheduled by the Wisconsin Court of Appeals for May 2, 2017. Updated brief summaries of all of these cases are available from NRTW.
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Raymond J. LaJeunesse, Jr. is Vice President & Legal Director at the National Right to Work Legal Defense Foundation, Inc.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.