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Authors

Pamela A. Rolfs

Abstract

Section 8(a)(3) of the Taft-Hartley Act regulates union security agreements. Section 8(a)(3) prohibits closed shop agreements, but permits union shop and agency shop agreements that meet certain criteria.2 Section 14(b) of the Taft-Hartley Act allows states to enact laws that are more restrictive than federal law. Section 14(b) permits states to enact right-to work laws, which prohibit union shop and agency shop agreements compelling employees to join or financially support a union.' While section 14(b) makes it clear that federal law will not preempt a state's power to enact right-to-work laws, courts disagree on whether federal law preempts a local government's power to enact a right-to-work ordinance. Courts also disagree on whether a local government may enact a right-to-work ordinance when the state legislature has declined to do so. Several Missouri cities and counties have sought to enact right-to-work ordinances, apparently trying to prevent industries from locating in neighbor-ing right-to-work states. This Comment will consider the validity of local right-to-work ordinances under federal and Missouri law.

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