What makes you think it is a distinction without a difference? Even if an employer has a union security agreement...a potential employee is still free to approach the employer, bargaining on his own behalf, for his own contract outside of the union security agreement that would not warrant agency fees/union dues.majorspark;1340919 wrote:This is a distinction without a difference.
Only if the employer allows it. Or it could be more or could be less.
And now you can't be compelled to pay them.
That is a substantial difference. "Right to Work" laws substantially interefere in the right to contract while not materially increasing the contracting power of individuals beyond what they actually are in non-right-two-work stateswhich is not what the language "right to work" implies.
For instance, the State Rep who said "workers are now freed" brings the lulz.
They were already free.
In non-right-to-work states even if you don't join the union you can't be compelled to pay an agency fee if the union didn't negotiate your particular contract. For instance, suppose you're a plumbing company and your employees choose to form a union with whom you form a union security agreement. Plumber Al comes along and doesn't negotiate his own contract with the plumbing company but agrees to be covered by the contract negotiated by the Union but doesn't want to join it because he's a Republican. He has to pay an agency fee in accord with the U.S.A. Plumber Bill comes along and wants to negotiate his own contract because he's a proud republican and he thinks he's a superior plumber to the other guys and the employer agrees. He is not covered by the U.S.A. as he negotiated his own contract and doesn't justifiably owe the union an agency fee and is not required to pay one.
In "Right-to-Work" states. the Plumber Al's of the world are elevated to the same level of the Plumber Bill's even though they didn't negotiate their own contract.