“Right to work” is a marketing triumph and a policy failure.

Written By Justin Dues

“Right to work” sounds like freedom. In practice, it’s a corporate playbook to defund unions, depress wages, and tilt power away from the people who make this country run. The slogan sells “choice”; the policy manufactures free riders—workers who benefit from union contracts while paying nothing for the representation that wins them. That is the point. It’s not about liberty; it’s about weakening the only large-scale counterweight ordinary workers have to corporate power. AACCEconomic Policy Institute

Wrong for Workers: How Big Business Uses a Myth to Cripple Unions and the Middle Class. Labor unions literally built this country.

What “right to work” actually does

These laws prohibit union-security clauses in collective bargaining agreements, forcing unions to represent non-members who don’t pay dues. Section 14(b) of the 1947 Taft–Hartley Act explicitly opened the door for states to pass such statutes; business lobbies kicked it wide open. Today, multiple states still enforce right-to-work, though momentum is shifting—Michigan repealed its law in 2023 (effective 2024), the first rollback in decades. Voters in Missouri rejected right-to-work at the ballot box in 2018. These aren’t abstractions; they’re proof that when the public is given a clear choice, they often refuse the anti-union spin. DOLNCSLMichiganBallotpedia

The results are predictable: lower pay and weaker benefits

Decades of evidence show wages are lower in right-to-work states—even for non-union workers—because unions lift standards across entire labor markets. EPI’s research finds pay in RTW states runs about 3% lower, with weaker benefits, controlling for cost of living and worker characteristics. That’s not an accident; it’s the goal of the policy design. Economic Policy Institute+1

And they are less safe

Unions’ first line of work is safety—training, enforceable protections, the right to refuse dangerous tasks. When RTW laws shrink unions, workplaces get deadlier. Peer-reviewed studies link RTW adoption to a ~14% increase in occupational mortality, a grim, measurable cost of stripping workers’ collective voice. BMJ Open Employment MedicineDuke University Press

A legal pincer: “right to work” + Janus

In the public sector, the Supreme Court’s Janus v. AFSCME ruling (2018) barred “fair-share” fees from non-members, imposing a national RTW regime on government workplaces. Together with state RTW laws in the private sector, this creates a one-two punch that starves unions of resources while requiring them to represent non-paying workers—by law. That’s not free markets; that’s mandated free riding. Justia LawWikipedia

The broader project: shrink worker power, swell corporate power

As union density falls—9.9% of U.S. workers were union members in 2024—the wage share of the economy sinks, inequality widens, and corporate concentration tightens its grip. RTW is the spear tip: it doesn’t have to ban unions; it only needs to make them poor and outgunned enough to lose. Bureau of Labor Statistics

Why the branding works—and why it’s a myth

RTW backers pitch “choice” while hiding the reality: unions are legally obligated to represent everyone in a bargaining unit, payer or not. The resulting funding squeeze is precisely what corporations intend. The National Labor Relations Act’s original purpose was to encourage collective bargaining because Congress understood that democracy at work requires organized workers. RTW turns that policy on its head. AACCNational Labor Relations Board

What a pro-worker alternative looks like

1) Repeal right-to-work and restore union-security options. Let workers and employers bargain lawful agreements without state-mandated free riding. Michigan’s repeal shows it’s possible. Michigan

2) Make organizing fast, fair, and free from retaliation. Modernize the NLRA with card-check/majority sign-up, meaningful penalties for union-busting, and first-contract arbitration to stop delay tactics. (The NLRA’s purpose is explicit: to foster collective bargaining.) National Labor Relations Board

3) Protect the public sector’s voice. After Janus, states can still facilitate stable funding via easy opt-in systems, regular re-enrollment windows, and access rules that ensure workers hear both sides—not just the employer’s. Justia Law

4) Lift standards for all with sectoral tools. Wage boards and pattern agreements prevent “race to the bottom” competition on pay and safety—precisely the race RTW was designed to accelerate.

5) Tie public dollars to worker outcomes. No subsidies, tax credits, or contracts without neutrality agreements, living-wage standards, apprenticeship pipelines, and safety metrics.

6) Tell the truth about the bargain. Strong unions don’t just win raises for members; they set floor standards that benefit non-union workers and communities—higher pay, better benefits, safer workplaces. That’s why anti-union money fights so hard to keep unions weak. Economic Policy Institute

The bottom line

“Right to work” is a marketing triumph and a policy failure—an elegant way for big business to cut workers’ pay, erode safety, and silence collective power, all while claiming to defend freedom. Americans know better. When given the chance—at the ballot box in Missouri, in the legislature in Michigan—they’ve moved to restore balance. If we want a middle class worthy of the name, we must retire the myth, rebuild worker power, and make the economy answer to the people who create its value. BallotpediaMichigan

North Carolina One-Pager: “Right-to-Work,” Union Power, and a Practical Path Forward

Snapshot (2025)

Why it matters (evidence in brief)

  • Lower pay in RTW states: Peer-reviewed EPI research finds wages in RTW states are about 3.1% lower—about $1,558 less per year for a typical full-time worker—even after controlling for cost of living, demographics, and industry mix. (Economic Policy Institute)

  • Coverage effects: With unions scarce (2.4%), NC workers capture fewer spillover gains (higher wage floors, safer worksites, better benefits) that union presence typically delivers to union and non-union workers alike. (Economic Policy Institute)

Legal landscape (what would have to change)

  1. Repeal or amend RTW statute: Modify Article 10 (G.S. §95-78—§95-83) to permit union-security clauses by mutual agreement—ending mandated free-riding. (Simple bill; majority vote; governor signature.) (North Carolina General Assembly)

  2. Restore public-sector bargaining: Repeal G.S. §95-98 to allow cities, counties, and the state to negotiate binding contracts on wages, staffing, and safety. (Precedent bills have been filed in prior sessions.) (North Carolina General Assembly, Legislative Reporting Service)

  3. No citizen initiative: Strategy must be legislative (committee path + floor votes) rather than ballot-driven. (Ballotpedia)

Fastest pragmatic path (near-term wins + structural reforms)

A. Near-term (can move this session)

  • Labor standards on state dollars: Tie grants, incentives, and procurement to neutrality, no captive-audience meetings, apprenticeship pipelines, and OSHA-plus safety metrics. (Contract terms—no statutory repeal required.)

  • Project Labor & Community Workforce Agreements on state-funded construction to stabilize schedules, safety, and training.

  • Wage-theft enforcement surge: Resource DOL investigations; require certified payrolls on state-assisted projects.

B. Core statutory fixes (one bill each)

  • Public-sector bargaining restoration: Repeal §95-98; authorize bargaining units and scope (wages, staffing, safety, grievance). (North Carolina General Assembly)

  • Targeted RTW rollback: Amend §95-78 et seq. to permit union-security clauses where a majority has chosen representation (protects voluntary agreements while preserving individual opt-outs consistent with federal law). (North Carolina General Assembly)

C. Medium-term (raise standards for all workers)

  • Sectoral wage boards: Enable tripartite boards (workers–employers–public) to set industry wage/safety floors—especially in care, logistics, hospitality.

  • First-contract arbitration & anti-retaliation teeth: Create fast timelines and real penalties for unlawful interference.

  • Data transparency: Require large employers to disclose NC pay bands, injury rates, and use of temp/contract labor.

Economic case for NC (talking points)

  • Wages: Closing a ~3.1% RTW pay gap would lift incomes across regions—from Charlotte and the Triangle to rural counties—without raising public outlays. (Economic Policy Institute)

  • Workforce quality: Apprenticeship-based agreements reduce turnover and injuries; employers get reliable staffing and productivity gains.

  • Tax base & Main Street: Higher pay and reduced wage theft boost local spending and stabilize small-business demand.

  • Public services: Allowing public-sector bargaining is the fastest route to solve vacancies in teaching, nursing, EMS, corrections, and child welfare.

Coalition map (who benefits)

  • Workers & families (pay, safety, schedules), responsible contractors (level playing field), rural hospitals & schools (staffing), veterans & apprentices (earn-while-you-learn ladders), local governments (service reliability).

The ask (simple, concrete)

  1. Introduce & champion two short bills: (a) repeal §95-98 (public-sector bargaining), (b) amend §95-78—§95-83 (allow union-security by agreement). (North Carolina General Assembly, North Carolina General Assembly)

  2. Adopt executive & procurement standards this year: neutrality, PLAs/CWAs, apprenticeship ratios, wage-theft enforcement.

  3. Convene a Governor’s Workforce Compact (labor–business–municipal) to recommend sectoral wage boards for 2026.

Prepared for North Carolina stakeholders seeking pro-worker growth and a level playing field.

Justin Dues
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