CMV: right to work laws violate the freedoms of assembly, speech, association, and contract

FTFdeltaOP

I believe that "right to work" laws violate the freedoms of assembly, speech, association, and contract. Moreover, absent a prevailing interest that could outweigh the value of these freedoms, I believe that right to work laws should be struck down or repealed.

My basic view is this: when a group of workers collectively bargain with an employer they can request almost anything as a term in their contract. They can ask for dental coverage, different work hours, a dozen roses, etc. Collective bargainers have an interest, in these negotiations, in a contract that bolsters the union and discourages free riders on union benefits. As a consequence, unions often aim to develop contracts that discourage employers from hiring non-union workers or hiring non-union workers that are exempt from union dues.

It seems to me that whether the employer accepts this term is up to the employer and nobody else. If an employer accepts a contract that requires, as a term, that the employer only employ unionized employees, then that's on the employer. Non-unionized employees have no standing right to interfere with the employer's freedom to contract with the union or their freedom to agree to those anti-free-rider terms.

On a side note, I'm genuinely puzzled why so many conservatives and libertarians support right to work laws despite those laws' undermining the freedom to contract. It's my impression that conservatives and libertarians tend to support the freedom to contract.

I'll award a Delta who anyone who changes my view on the above, including to folks who illuminate my confusion about why conservatives support right to work laws. I'll aim to respond to comments over the next 24 hours. Thanks!


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Posted Jul 21, 2017, 6:42 PM UTC

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