Barriers to Freedom of Contract in the Public Sector

Currently twenty-four states have “right–to-work” laws, which primarily restrict the rights of workers and employers in the private sector from entering into certain kinds of labor contracts. Federal labor law mandates that unions represent all workers at a workplace, whether they are dues-paying members of the union or not. Meanwhile, state “right-to-work” laws prohibit workers and employers from signing contracts that require all covered workers to contribute to the costs of representation regardless of whether or not the workers choose to join the union.