South Carolina Right-to-Work Laws

November 30th, 2005 Posted by Nicole

I recently came across the national Web site devoted to explaining Right-to-Work policies for each participating state. On the site, I learned that there are over 20 such states in the Union.  Each state follows standard Federal guidelines for their policies, but have specific state-driven regulations.

For South Carolina, the policies are similar to other states in that it is publicly declared that as of March 19, 1954, the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. In other words, if an individual wants to work in a particular job or field, then he cannot be denied a job based on the grounds that he is not a member or a union or labor organization.

If a labor organization/union and an employer make any sort of arrangements or agreement to only employ people if they are members of the union, then it is unlawful. As such, a labor union cannot approach a company in an effort to strike a member-employment deal. An employer, likewise, cannot approach a union in an effort to strike a deal. Under this type of environment, it is admissible for any person and any employer to strike a mutually agreeable deal when it comes to employment and hiring practices – outside of any union restrictions.

It is also unlawful for an employer to require en employee to be a member of a labor organization in order to be employed. An employer cannot tell an employee that he or she cannot join a union. An employer also may not require an employee to pay membership fees, dues or assessment fees to an organization as a tenant of their employment.

The reason that so many states have enacted the Right to Work law is so that employees will have the freedom to join any organization they please and so that employers may select their employees from a large pool of applicants – not just applicants from a particular organization or union.

Last 10 posts by Nicole

No Comments >> Posted in Employment Laws,South Carolina