Right-to-Work Laws in Pennsylvania: What They Mean for Workers

Federal law establishes two frameworks for union security. Under the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a)(3), employers and unions can agree to union security clauses, which require employees to join the union or pay an agency fee (a reduced payment to cover collective bargaining costs, excluding union political activities). Section 14(b) of the NLRA, 29 U.S.C. § 164(b), permits individual states to restrict or prohibit union security agreements. However, a state must affirmatively pass right-to-work legislation to invoke this authority; the absence of such legislation means federal rules apply fully.

The Railway Labor Act, 45 U.S.C. § 151 et seq., similarly permits union security agreements in the railroad and airline industries nationwide, regardless of state law. Employees covered by union security agreements cannot be required to pay for union political activities or ideological positions; dues and fees are limited to costs of representation, grievance procedures, and contract administration.

Enforcement of union security falls to the National Labor Relations Board (NLRB) at the federal level. The NLRB investigates unfair labor practice charges and can order remedies if employers or unions violate the Act. No employer size threshold applies; the NLRA covers employers with five or more employees affecting interstate commerce.

Pennsylvania is not a right-to-work state. The state has not invoked the exemption available under NLRA Section 14(b), and Pennsylvania law does not prohibit or restrict union security agreements. Consequently, federal law governing union security applies fully in Pennsylvania without state-level limitations.

Under Pennsylvania's legal framework, union shops, agency shops, maintenance-of-membership clauses, and other union security agreements are enforceable if established through lawful collective bargaining. An employer and union can require employees to join the union or pay an agency fee as a condition of continued employment, provided the agreement is authorized by majority vote in the bargaining unit and complies with NLRA protections.

Pennsylvania's Public Employees Relations Act (PERA), 43 P.S. § 1101.101 et seq., governs public sector labor relations. While PERA has some differences from the NLRA in structure, it similarly permits union security agreements in public employment. However, Pennsylvania public employees do have certain protections: they cannot be required to pay for union political activities unrelated to collective bargaining, consistent with federal Abood principles.

The Pennsylvania Labor Relations Act, 43 P.S. § 211 et seq., applies to private sector employees and does not restrict union security. Private sector employers in Pennsylvania face no state law barrier to union security agreements negotiated with recognized unions.

Key difference from federal: Pennsylvania offers no additional protections beyond federal law. Employees in unionized Pennsylvania workplaces have no state constitutional or statutory right to refuse union membership or fees. The only recourse is federal law protections (e.g., limits on fees for political activity) and union internal democracy rules.

Union security agreements in Pennsylvania are subject to several federal law exceptions that protect employee rights, even though the state itself imposes no ban on such agreements.

First, employees cannot be required to pay union dues or fees for union political activities, lobbying, or ideological causes unrelated to collective bargaining and contract administration. The Supreme Court established this in Abood v. Detroit Board of Education and reaffirmed in Harris v. Quinn (2014). Unions must disclose to non-members and dissenting members what portion of dues goes to non-representational activities and must offer a reduced fee.

Second, the NLRA protects employees' right to refrain from union activity itself. While union security agreements can require financial support, employees cannot be forced to attend meetings, vote in union elections, or engage in union organizing if they choose not to. A union cannot discipline an employee for crossing its picket line or for other union-unrelated conduct unless it directly undermines the union's authority to represent.

Third, the NLRA Section 8(a)(3) exception applies: an employer cannot discriminate against an employee for failure to pay dues if the dispute arises from a genuine contract interpretation disagreement or if dues are deemed excessive under NLRA standards. This is rare but applicable.

Fourth, employees retain rights under other state and federal law. An employee cannot be discharged for union security non-compliance if doing so would violate whistleblower protections, anti-retaliation statutes, or public policy exceptions to at-will employment.

Fifth, if a union security agreement is improperly negotiated (e.g., without proper majority authorization or in violation of union procedures), it may be unenforceable. The NLRB can invalidate such agreements.

No religious exemption exists in Pennsylvania law for union membership based on conscience, though federal religious discrimination law may apply in rare cases.

Step 1: Document Everything. Keep records of all union-related communications, including union security agreement terms, notices of dues requirements, dues payment receipts, and any written correspondence about union membership or fees. Save emails, letters, union contracts, and paystubs showing union deductions. Maintain a timeline with dates and names of persons involved in any disputes. If you believe fees were charged for non-representational activities, request a detailed breakdown of how your dues were spent from the union in writing (retain the request and response).

Step 2: Exhaust Internal Union Remedies. Most collective bargaining agreements include a grievance procedure. If you believe union security terms are being violated (e.g., you're being charged improperly), file a formal grievance with the union through the contractual procedure. Request a written response. This step is important because the NLRB generally requires union members to exhaust internal union remedies before filing an unfair labor practice charge, though exceptions exist. Document all grievance filings and responses.

Step 3: File a Charge with the National Labor Relations Board (NLRB). If internal remedies fail or are unavailable, you can file an unfair labor practice charge with the NLRB regional office serving Pennsylvania. The deadline is 180 days from the alleged violation. Visit www.nlrb.gov, select your region (Pennsylvania is divided among the Philadelphia Regional Office, Pittsburgh Regional Office, and others depending on location), and download Form NLRB-501. You can file online, by mail, or in person. Include your name, employer name, union name, specific dates of the alleged violation, a detailed description of what happened, the names of witnesses, and the remedy sought. Include copies of supporting documents. Submit to the appropriate regional office listed on the NLRB website.

Step 4: The NLRB Investigation Process. After you file, the NLRB assigns an investigator to gather facts. You will be contacted and may be interviewed; the employer and union will also be contacted. The investigation typically takes 20–90 days. The investigator will review documents, interview witnesses, and assess whether the union or employer violated the NLRA. If the investigator finds no violation, you can request review by the regional director. If a violation is found, the NLRB issues a complaint and proceeds to hearing before an administrative law judge (ALJ). Hearings are formal but less rigid than court proceedings. You have the right to present evidence and cross-examine witnesses. The ALJ issues a decision, which can be appealed to the full NLRB in Washington, D.C.

Step 5: Consult an Attorney. Given the technical nature of union security law and NLRA procedures, consult an employment attorney experienced in labor law early in the process, ideally before or immediately after filing with the NLRB. A labor attorney can advise on the strength of your claim, help prepare documentation, represent you in grievance proceedings, and present your case to the NLRB. Many labor law attorneys offer free initial consultations. Contact the Pennsylvania Bar Association Lawyer Referral Service (www.pabar.org) or the National Employment Lawyers Association (www.nela.org) to find qualified counsel.