“Right to Work”

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19 posts


Janus and the Problem with Alleging Lochnerism

Published May 4th, 2018 -

Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposing agency fees as a condition of emp... More »

It’s Time for a Real Right to Work

Published December 5th, 2016 -

In 1912, when the labor leader Eugene V. Debs ran for President for the fourth time as the Socialist Party candidate, in his acceptance speech he spoke of a day when “the right to work shall be as inviolate as the right to breathe the breath of life.”  But, in... More »

A Partial Fix for the Right-to-Work Problem?

Published April 15th, 2015 -

As Brian Mahoney at PoliticoPro reports, the Board today invited briefing on the question of whether unions should be permitted to charge non-members a fee for processing grievances.  Under Machinists, Local No. 697, 223 NLRB 832 (1976), such a fee is impermis... More »

Indiana Supreme Court Upholds Right to Work Law

Published December 9th, 2014 -

Opponents of right to work laws recently suffered setbacks in Indiana. The International Union of Operating Engineers Local 150 brought a lawsuit in February of this year, claiming that Indiana’s right-to-work law violated the state constitution. Lake County j... More »

Guest Post: A Reply on Sweeney and the Takings Clause

Published September 12th, 2014 -

James Sherk is a Senior Policy Analyst in Labor Economics at the Heritage Foundation.  This post is part of a series: Heather Whitney’s initial post, Mr. Sherk’s reply, Ms. Whitney’s response, and Professor Catherine Fisk’s reply. Thanks to Heather and C... More »