2012 Right-to-Work Legislation
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Contacts
Under right-to-work laws, states have the authority to determine whether workers can be required to join a labor union to get or keep a job.
Nineteen states debated right-to-work legislation during the 2012 session. Laws were passed in four states, two of which either established or expanded right-to-work laws and two of which added enforcement or notice provisions to their current right-to-work laws.
In December 2012, Michigan became the 24th state to pass a right-to-work law. Indiana expanded its right-to-work provisions from covering just school employees, to covering all private sector employment.
Summary of 2012 Enacted Right-to-Work Laws
Indiana passed HB 1001, which extended right-to-work provisions to private sector employment. Prior to this session, Indiana already had a right-to-work law but it applied only to school employees; this law adopted right-to-work for all private sector employment.
Michigan passed two bills making the state a right-to-work state. HB 4003 enacted right-to-work for private sector employment, while SB 116 adopted right-to-work covering public employment.
South Carolina passed HB 4652, adopted harsher penalties for violations of the state’s right-to-work law and requiring reporting of violations to the state.
Tennessee adopted SB 2821, requiring employers to post notices of the state’s right-to-work law.
2012 Introduced and Enacted Legislative Bills
(Includes active carry-over legislation for those states with biennial sessions.)
ALASKA
AK H 134 Gatto (R)
Title: Right to Work
Summary: Relates to the relationship between employees and labor organizations; prohibits collective bargaining contracts that require employees to join a labor or employee organization; extends the policy and limitations set out in this Act to public employers and public employees subject to the Public Employment Relations Act; provides for an effective date.
01/31/2011 Introduced. To House Committee on Labor and Commerce. To House Committee on Judiciary.
HAWAII
HI S 278 Slom (R)
Title: Labor
Summary: Protects individual's right to gainful employment regardless of nonmembership in any labor organization.
01/21/2011 Introduced. To Senate Committee on Judiciary and Labor.
IDAHO
ID HJM 6 House State Affairs Committee
Title: Right To Work
Summary: States the findings of the Legislature and resolving that it is a compelling state interest of the Legislature to protect the right to work for all Idahoans, union and nonunion, under the authority granted by Congress of the National Labor Relations Act, by proscribing compulsory unionism as a condition of employment via anti-competitive rebates of employee wages to subsidize a contractor or subcontractor doing business in the state of Idaho.
01/26/2012 Introduced.
01/27/2012 To House Committee on State Affairs.
INDIANA
IN H 1001 Torr (R)
Title: Employees Right to Work
Summary: Relates to employee's right to work; makes it a Class A misdemeanor to require an individual to join or remain a member of a labor organization, pay dues or fees, to a labor organization; or pay to a charity or third party an amount that represents dues, fees, or other charges required of members of a labor organization as a condition of employment or continuation of employment; establishes a separate private right of action for violations or threatened violations; exempts certain government entities. (Prior to this session, Indiana already had a right-to-work law but it applied only to school employees; this law adopts right-to-work for all private sector employment.)
01/04/2012 Introduced. To House Committee on Employment, Labor and Pensions.
01/11/2012 From House Committee on Employment, Labor and Pensions: Do pass.
01/23/2012 Amended on House floor.
01/25/2012 Passed House. To Senate.
01/26/2012 To Senate Committee on Pensions and Labor.
01/30/2012 From Senate Committee on Pensions and Labor: Do pass.
01/31/2012 Ordered Engrossed.
02/01/2012 Passed Senate. Eligible for Governor’s desk.
02/01/2012 Signed by Governor.
02/06/2012 Public Law No. 2
IN H 1104 McClain (R)
Title: Right To Work Pilot Program
Summary: Relates to right to work pilot program; establishes a right to work pilot program; provides that the Indiana economic development corporation administers the pilot program; requires the corporation to implement the pilot program in at least one region of Indiana by May 1, 2012; provides that the pilot program: makes it a Class A misdemeanor to require an individual to: become or remain a member of a labor organization; pay dues, fees, or other charges to a labor organization; or pay to a charity.
01/04/2012 Introduced. To House Committee on Employment, Labor and Pensions.
IN H 1105 McClain (R)
Title: Employees Right To Work
Summary: Relates to employee's right to work; makes it a Class A misdemeanor for an employer to require an individual to: become or remain a member of a labor organization; pay dues, fees, or other charges to a labor organization; or pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment.
01/04/2012 Introduced. To House Committee on Employment, Labor and Pensions.
IN H 1296 McClain (R)
Title: Employees Right To Work
Summary: Relates to employee's right to work; makes it a Class A misdemeanor to require an individual to become or remain a member of a labor organization, pay dues, fees, or other charges to a labor organization or pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization as a condition of employment or continuation of employment; establishes a separate private right of action for violations or threatened violations.
01/10/2012 Introduced. To House Committee on Employment, Labor and Pensions.
IN S 269 Yoder (R)
Title: Employees Right To Work
Summary: Relates to employee's right to work; makes it a Class A misdemeanor to require an individual to: become or remain a member of a labor organization; pay dues, fees, or other charges to a labor organization; or pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment.
01/04/2012 Introduced. To Senate Committee on Pensions and Labor.
01/09/2012 From Senate Committee on Pensions and Labor: Do pass.
01/20/2012 Amended on Senate floor.
01/23/2012 Passed Senate. To House.
02/13/2012 To House Committee on Rules and Legislative Procedures.
IOWA
IA D 1510 House Labor Committee
Title: Right to Work
Summary: Relates to right to work.
01/24/2011 Filed.
01/28/2011 Assigned to House File: 149. Additionally assigned to Senate File: 84.
12/23/2011 Additionally assigned to Senate Study Bill: 1125. Additionally assigned to Senate File: 142.
IA H 3 Horbach (R)
Title: Right to Work State
Summary: Relates to the promotion of Iowa as a right to work state; requires the placement of the phrase, Iowa is a Right to Work State on the department of economic development's business recruitment, tourism, and promotional literature.
01/11/2011 Introduced. To House Committee on Economic Growth/Rebuild Iowa.
01/20/2011 In House Committee on Economic Growth/Rebuild Iowa. Withdrawn from House Committee on Economic Growth/Rebuild Iowa. Rereferred to House Committee on Labor.
01/28/2011 In House. Becomes House File 149.
IA H 149 House Labor Committee
Title: Right to Work State
Summary: Relates to the promotion of Iowa as a right to work state; requires the placement of the phrase, "Iowa is a Right to Work State" on the department of economic development's business recruitment, promotional, and, if deemed appropriate by the department, tourism literature.
01/28/2011 Introduced. In House. Formerly House File 3. Filed as Draft: 1510.
01/31/2011 In House. Filed Amendments.
02/01/2011 In House. Filed Amendments.
02/02/2011 In House. Withdrew Amendments. Passed House. To Senate.
02/03/2011 To Senate committee on Economic Growth/Rebuild Iowa.
02/07/2011 In Senate Committee on Economic Growth/Rebuild Iowa.
IA S 45 Zaun (R)
Title: Promotion of Iowa As a Right to Work State
Summary: Relates to the promotion of Iowa as a right to work state; requires the placement of the phrase, Iowa is a Right to Work State in the following places: on each state owned vehicle; provides that on the department of economic development's business recruitment, tourism, and promotional literature; provides that on each new sign the department of transportation erects on scenic highways.
01/18/2011 Introduced. To Senate Committee on State Government.
01/20/2011 In Senate Committee on State Government.
IA S 84 Anderson B (R)
Title: Promotion of Iowa As a Right to Work State
Summary: Relates to the promotion of Iowa as a right to work state; requires the placement of the phrase, "Iowa is a Right to Work State" on the department of economic development's business recruitment, tourism, and promotional literature.
01/24/2011 Introduced. Filed as Draft: 1510. To Senate Committee on Economic Growth/Rebuild Iowa.
MAINE
ME H 595 Winsor (R)
Title: Forced Payment and Labor Union Dues
Summary: Guarantees workers free choice in deciding whether to join or refrain from joining labor unions; prohibits employers from deducting fees from nonunion employees without written consent; prohibits requiring an agricultural employee to join, support or pay any type of union dues or fees of any type to any union, employee association or bargaining agent; prohibits terminating or disciplining an agricultural employee for not paying any union dues.
02/28/2011 Introduced. Filed as LR 491
03/01/2011 House refers to Joint Committee on Labor, Commerce, Research and Economic Development. Senate refers to Joint Committee on Labor, Commerce, Research and Economic Development in concurrence.
05/16/2011 From Joint Committee on Labor, Commerce, Research and Economic Development: Joint Rule 309.
06/01/2011 House indefinitely postpones.
06/02/2011 Senate indefinitely postpones.
MARYLAND
MD S 715 Kittleman A (R)
Title: Labor Organization
Summary: Prohibits an employer from refusing to employ or continue employing an individual based on membership or nonmembership in a labor organization; prohibits an employer from requiring an individual to refrain from joining or from requiring an individual to become a member of a labor organization; prohibits an employer from requiring an individual to pay specified charges to a labor organization.
02/03/2012 Introduced. To Senate Committee on Finance.
MD S 6 b Kittleman A (R)
Title: Labor Organization Prohibition
Summary: Prohibits an employer from refusing to employ or continue employing an individual based on membership or nonmembership in a labor organization; prohibits an employer from requiring an individual to refrain from joining or becoming a member of a labor organization; prohibits an employer from requiring an individual to pay specified charges to a labor organization.
08/09/2012 Introduced. To Senate Committee on Rules.
MICHIGAN
MI H 4003 Opsommer (R)
Title: Public Sector Employer Relations
Summary: Establishes Michigan as a right-to-work state. Prohibits mandatory participation in bargaining agreements and as a condition of employment in the public sector.
01/13/2011 Introduced
01/13/2011 Read a first time
01/13/2011 referred to Committee on Commerce
01/18/2011 Printed bill filed 01/14/2011
04/26/2011 Reported with recommendation for referral to Committee on Families, Children, and Seniors
04/26/2011 Recommendation concurred in
05/24/2011 Reported with recommendation without amendment
05/24/2011 Referred to second reading
06/07/2011 Read a second time
06/07/2011 Placed on third reading
06/08/2011 Read a third time
06/08/2011 Passed; given immediate effect Roll Call # 166 Yeas 63 Nays 46
06/08/2011 Transmitted
06/09/2011 Referred to Committee on Reforms, Restructuring and Reinventing
12/01/2011 Reported Favorably Without Amendment
12/01/2011 Committee Recommended Immediate Effect
12/01/2011 Referred to Committee of the Whole
12/06/2012 Reported by Committee of the Whole Favorably With Substitute S-8
12/06/2012 Substitute S-8 Concurred in
12/06/2012 Placed on Order of Third Reading With Substitute S-8
12/06/2012 Rules Suspended
12/06/2012 Placed on Immediate Passage
12/06/2012 Amendment(s) Defeated
12/06/2012 Passed Roll Call # 863 Yeas 22 Nays 4 Excused 0 Not Voting 12
12/06/2012 Immediate Effect Defeated
12/06/2012 returned from Senate with substitute S-8 with title amendment
12/06/2012 laid over one day under the rules
12/11/2012 Senate substitute S-8 concurred in
12/11/2012 Roll Call # 721 Yeas 58 Nays 51
12/11/2012 Title amendment agreed to
12/11/2012 Bill ordered enrolled
12/11/2012 Presented to the Governor 12/11/2012 @ 4:44 PM
12/12/2012 Approved by the Governor 12/11/2012 @ 5:21 PM
12/12/2012 Filed with Secretary of State 12/11/2012 @ 5:39 PM
12/12/2012 Assigned PA 349-2012
MI H 4054 Knollenberg (R)
Title: Right to Work
Summary: Permits local right to work zones.
01/13/2011 Introduced. To House Committee on Commerce.
MI S 116 Meekhof (R)
Title: Private Sector Employer Relations
Summary: Establishes Michigan as a right-to-work state. Allows local governments to establish right-to-work zones. Prohibits mandatory participation in bargaining agreements and as a condition of employment in the private sector.
02/09/2011 Referred to Committee on Economic Development
12/06/2012 Discharge Committee Approved
12/06/2012 Placed on Order of General Orders
12/06/2012 Reported by Committee of the Whole Favorably With Substitute S-3
12/06/2012 Substitute S-3 Concurred in
12/06/2012 Placed on Order of Third Reading With Substitute S-3
12/06/2012 Rules Suspended
12/06/2012 Placed on Immediate Passage
12/06/2012 Amendment(s) Defeated
12/06/2012 Passed Roll Call # 862 Yeas 22 Nays 16 Excused 0 Not Voting 0
12/06/2012 Received on 12/06/2012
12/06/2012 Read a first time
12/06/2012 Referred to Committee on Commerce
12/06/2012 Notice given to discharge committee
12/11/2012 Motion to discharge committee approved
12/11/2012 Placed on second reading
12/11/2012 Read a second time
12/11/2012 Placed on third reading
12/11/2012 Placed on immediate passage
12/11/2012 Read a third time
12/11/2012 Passed Roll Call # 724 Yeas 58 Nays 52
12/11/2012 Notice of intent to reconsider given
12/11/2012 Notice of intent withdrawn
12/11/2012 Returned to Senate
12/11/2012 Ordered Enrolled Out of Session
12/12/2012 Presented to Governor 12/11/2012 @ 4:46 PM
12/12/2012 Approved by Governor 12/11/2012 @ 5:19 PM
12/12/2012 Filed With Secretary of State 12/11/2012 @ 5:37 PM
12/12/2012 Assigned PA 0348-2012
MI S 120 Proos (R)
Title: Right to Work Zones
Summary: Allows local governments to establish right-to-work zones.
02/09/2011 Introduced. To Senate Committee on Economic Development.
MINNESOTA
MN H 3009 Wardlow (R)
Title: Freedom of Employment
Summary: Proposes an amendment to the Minnesota Constitution, article I, by adding a section; establishes a freedom of employment.
04/20/2012 Introduced. To House Committee on Commerce and Regulatory Reform.
MISSISSIPPI
MS S 2144 Flowers (R)
Title: Right To Work
Summary: Relates to the right to work; provides that the right to work shall not be infringed or restricted in any way based on membership in, affiliation with, or financial support of a labor organization or on the refusal to join, affiliate with, or financially or otherwise support a labor organization; authorizes employers to deduct union fees from an employee's wages with the employee's signed written authorization.
01/16/2012 Introduced. To Senate Committee on Judiciary, Division A.
03/06/2012 Died in committee.
NEW HAMPSHIRE
NH H 474 Smith W (R)
Title: Labor Union Freedom of Choice
Summary: Relates to freedom of choice on whether to join a labor union; prohibits collective bargaining agreements that require employees to join a labor union.
01/06/2011 Introduced. To House Committee on Labor, Industrial and Rehabilitative Services. Filed as LSR 609
02/10/2011 From House Committee on Labor, Industrial and Rehabilitative Services: Majority reported ought to pass with amendment. From House Committee on Labor, Industrial and Rehabilitative Services: Minority reported ought not to pass.
02/15/2011 Committee amendment adopted on House floor. Passed House. To Senate.
03/30/2011 To Senate Committee on Commerce.
04/13/2011 From Senate Committee on Commerce: Ought to pass with amendment.
04/20/2011 Committee amendment adopted on Senate floor. Passed Senate. To House for concurrence.
05/04/2011 House concurred in Senate amendments. Eligible for Governor’s desk. Ordered Enrolled.
05/11/2011 Vetoed by Governor.
NH LSR 609 Smith W (R)
Title: Freedom of Choice and Labor Unions
Summary: Relates to freedom of choice on whether to join a labor union.
12/01/2010 Filed.
01/06/2011 Assigned Bill Number: H 474
NH LSR 2777 Ward J (R)
Title: Right to Work
Summary: Relates to the right to work.
06/29/2011 Filed.
12/21/2011 Assigned Bill Number: H 1570.
NEW JERSEY
NJ A 136 Handlin (R)
Title: Right To Work Act
Summary: Establishes the New Jersey Right to Work Act; prohibits payroll deduction of union dues from wages or salaries of public employees.
01/10/2012 Introduced. To Assembly Committee on Labor.
PENNSYLVANIA
PA H 50 Metcalfe (R)
Title: Union Membership as a Condition of Employment
Summary: Provides that public and private employment shall not be conditional upon membership or nonmembership in, nor upon the payment or nonpayment of money to, a labor organization; provides for bargaining, penalties and remedies.
04/04/2011 Filed.
04/05/2011 Introduced. To House Committee on Labor and Industry. Corrective reprint issued.
RHODE ISLAND
RI H 5881 Trillo (R)
Title: Labor and Labor Relations
Summary: Would enact the Rhode Island right to work act, making union membership and union dues voluntary. This act would take effect upon passage.
03/08/2011 Introduced. To House Committee on Labor.
03/30/2011 Scheduled for hearing and/or consideration. In House Committee on Labor. Committee Recommends Measure held for further study.
SOUTH CAROLINA
SC H 4652 Sandifer (R)
Title: Right to Work
Summary: Relates to the public right to work policy; provides a range for an applicable fine for right to work violations; relates to court remedies to a person for a violation of his or her right to work; permits treble damages; requires a person seeking relief to provide the Department of Labor, Licensing, and Regulation with the basis for a lawsuit; provides an employer or an employee with permission may post a notice concerning the rights of an employee; requires certain employer reports.
01/24/2012 Introduced. To House Committee on Labor, Commerce and Industry.
02/02/2012 From House Committee on Labor, Commerce and Industry: Majority reported favorably, minority unfavorable.
02/08/2012 Amended on House floor.
02/09/2012 Passed House. To Senate. To Senate Committee on Labor, Commerce and Industry.
05/24/2012 From Senate Committee on Labor, Commerce and Industry: Reported favorably with amendment.
05/29/2012 Committee amendment adopted on Senate floor.
05/30/2012 Passed Senate. To House for concurrence.
06/05/2012 House concurred in Senate amendments. Ordered enrolled.
06/06/2012 To Governor.
06/07/2012 Signed by Governor.
06/18/2012 Act No. 197
TENNESSEE
TN H 2924 Sparks (R)
Title: Labor and Public Policies
Summary: Relates to Labor; establishes certain public policies for employees under right to work law; provides for employers to post certain notices; provides for certain enforcement responsibilities by the department of labor and workforce development.
01/23/2012 Introduced.
01/26/2012 To House Committee on Consumer and Employee Affairs.
01/31/2012 In House Interim Committee on Consumer and Employee Affairs: Referred to General Subcommittee.
03/14/2012 In House Committee on Consumer and Employee Affairs: General Subcommittee - recommended passage as amended.
03/20/2012 From House Committee on Consumer and Employee Affairs: Recommend passage with amendment. To House Committee on Calendar and Rules.
03/27/2012 Placed on Regular Calendar.
04/02/2012 In House. Amendment adopted on House floor. No. 1 Placed on Regular Calendar.
04/05/2012 In House. Substituted on House floor by S 2821
TN S 2821 Kelsey (R)
Title: Labor
Summary: Relates to Labor; establishes certain public policies for employees under the right to work law; provides for employers to post notices of an employee’s rights under the right to work law; provides for enforcement responsibilities by the department of labor and workforce development; requires the Commissioner of Labor and Workforce Development shall create model notice language.
01/24/2012 Introduced.
01/26/2012 To Senate Committee on Commerce, Labor and Agriculture.
03/27/2012 From Senate Committee on Commerce, Labor and Agriculture: Recommend passage with amendment. To Senate Committee on Calendar.
04/02/2012 Placed on Regular Calendar.
04/04/2012 In Senate. Amendment adopted on Senate floor. No. 1 In Senate. Read third time. Passed Senate. To House.
04/05/2012 In House. Read second time. Held on desk. In House. Substituted on House floor for H 2924 In House. Read third time. Passed House. Eligible for Governor’s desk.
04/13/2012 To Governor.
04/26/2012 Signed by Governor.
04/30/2012 Public Chaptered. Chapter No. 826
VIRGINIA
VA HJR 7 Bell Ri (R)
Title: Right To Work Constitutional Amendment
Summary: Proposes a constitutional amendment; relates to right to work; provides that any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer is against public policy and an illegal combination or conspiracy.
12/21/2011 Prefiled. To House Committee on Privileges and Elections.
01/11/2012 Introduced. To House Committee on Privileges and Elections.
02/14/2012 Left in committee.
VA HJR 536 Bell Ri (R)
Title: Right To Work
Summary: Proposes a constitutional amendment; relates to right to work; provides that any agreement between any employer and any labor union or organization whereby persons not members of such union or organization are denied the right to work or such membership is made a condition of employment or continuation of employment by such employer, or any such union or organization acquires an employment monopoly in any enterprise, is against public policy and constitutes an illegal combination or conspiracy.
07/24/2012 Prefiled.
VA SJR 25 McDougle (R)
Title: Right To Work
Summary: Proposes a constitutional amendment that relates to constitutional amendment (first resolution); relates to right to work.
01/09/2012 Prefiled. To Senate Committee on Privileges and Elections.
01/11/2012 Introduced. To Senate Committee on Privileges and Elections.
01/17/2012 In Senate Committee on Privileges and Elections: Continued to 2013.
WASHINGTON
WA S 5347 Swecker (R)
Title: Right to Work
Summary: Protects the right to work.
01/21/2011 Introduced. To Senate Committee on Labor, Commerce & Consumer Protection.
04/26/2011 2011 First Special Session. - Reintroduced and retained in present status.
11/28/2011 2011 Second Special Session. - Reintroduced and retained in present status.
01/09/2012 2012 Regular Session - Reintroduced and retained in present status.
04/04/2012 By Order of Resolution - Reintroduced and retained in present status.
04/11/2012 2012 Second Special Session - Reintroduced and retained in present status.
WEST VIRGINIA
WV H 2050 Overington (R)
Title: Right to Work Law
Summary: Concerns the West Virginia Right to Work Law.
01/11/2012 Introduced. To House Committee on Energy, Industry and Labor, Economic Development and Small Business.
WV H 4040 Kump (R)
Title: Labor Unions
Summary: Prohibits employers and labor unions from requiring employees to become or remain members of labor unions as a condition of employment.
01/12/2012 Introduced. To House Committee on Energy, Industry and Labor, Economic Development and Small Business.
WV HJR 30 Overington (R)
Title: Right to Work Amendment
Summary: Proposes a constitutional amendment; Concerns the Right to Work Amendment.
01/11/2012 Introduced. To House Committee on Constitutional Revision.