Earticle

초록

영어

In spite of a lot of controversies, Indiana accepted the right to work law on February, 2012 and Michigan also accepted it on December, 2012. Subsequently, on March, 2015, Wisconsin became a 25th state finally after passing the right to work law. In this regard, 25 states out of 50 states have enacted the right to work law and Ohio and New Hampshire have also discussed this bill of right to work. The Federal Supreme Court has interpreted that it is available to enter into the union security agreements between unions and employers under Section 8(a)(3) of the current National Labor Relations Act. By contrast, Section 14(b) of the Act allows each state to enact the law prohibiting union security agreements. That is to say, the Federal National Labor Relations Act recognizes union security agreements, but also gives an legislative power to each state which prohibits the agreements. The first problem resulting from the above circumstances is that giving an authority to enact the right to work law to each state under employee's freedom not to associate is not consistent with the purpose and legislative intent of the National Labor Relations Act. Second, in case that non-union members who have the freedom not to associate are not included in agency shop, it is doubtable on whether or not the duty of fair representation is required by unions for non-union members. Third, as proponents who agree with the right to work law argue, the outlook that the right to work law contributes to the industrial and economic development cannot be seen as the completely effect of union membership rates, employment rates, and average wages.

목차

Ⅰ. 서론
 Ⅱ. 노동권법(Right to Work Laws)
 Ⅲ. 찬반론과 판례의 태도
 Ⅳ. 노동권법과 노동조합원 비율, 고용률 및 평균임금
 Ⅴ. 논의 사항
 Ⅵ. 결론
 Abstract

키워드

노동권법 노동조합보장협약 결사의 자유 노동조합 유니온 숍 에이젼시숍 Right to Work Laws Union Security Agreements Freedom of Association Unions Union Shop Agency Shop

저자

• 신동윤 [ Sin, Dongyun | 한국외국어대학교 강사, 인디아나 주립대학 법학박사(S.J.D.). ]

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