Fact: Unions voluntarily represent non-members. The Supreme Court has repeatedly ruled that the National Labor Relations Act allows unions to negotiate contracts covering only dues-paying members. As Justice Brennan wrote in Retail Clerks v. Dry Lion Goods (1962), “‘Members only’ contracts have long been recognized.”[3] Unions represent non-members only when they act as “exclusive bargaining representatives,” which requires non-members to accept the union’s representation. In that case, the law requires unions to represent non-members fairly. They cannot negotiate high wages for their supporters and the minimum wage for non-members. Unions can avoid representing non-members by disclaiming exclusive representative status.
Right-to-Work Laws: Myth vs. Fact
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