Pamela A. Rolfs


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.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.