Kansas Progress Institute

Ad Astra Per Aspera ~ To the Stars Through Difficulties

A strategy on free-rider “right to work” laws.

Posted on February 20, 2017

By David Burress

I think unions should adopt a long-term legal strategy attacking “right to work” laws as unconstitutional takings.


First we need to place some learned articles in law journals, then start a litigation strategy.  In particular, so-called right-to-work laws allow workers who refuse to join a union and refuse to pay agency fees to nevertheless demand that unions represent them in grievances for free. Consequently the law takes money away from union members and transfers it to nonunion members, with no benefit accruing to union members and with no discernible public good resulting.

How could this not violate the Fifth Amendment provision:
“nor shall private property be taken for public use, without just compensation”?

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