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

Federal law under the National Labor Relations Act (NLRA), specifically 29 U.S.C. § 164(b), permits individual states to enact right-to-work laws that prohibit union security agreements. A union security agreement is a contract provision requiring employees to join a union, pay union dues, or pay equivalent fees as a condition of employment.

Federal law does not require states to ban union security agreements. Instead, Section 164(b) grants states the option to restrict them. In states that do not enact right-to-work legislation—called non-right-to-work states—union security agreements remain fully legal and enforceable. The NLRA protects the right of employees to organize and collectively bargain, and union security agreements are considered part of those protections when negotiated.

Under federal law, union security agreements typically take three forms: union shop agreements (requiring membership after a probationary period), agency shop agreements (requiring non-members to pay union fees), and maintenance of membership agreements (requiring current members to remain members). The NLRA permits all three forms in states that do not prohibit them.

The National Labor Relations Board (NLRB) enforces federal labor law and has jurisdiction over labor disputes involving union security agreements. Employees in non-right-to-work states who refuse to pay union dues can be terminated for that refusal, and such terminations are lawful under federal law if the union security agreement is valid.

Washington is not a right-to-work state. Washington law does not prohibit union security agreements, and the state has not enacted legislation restricting the ability of employers and unions to negotiate union security provisions. This means Washington follows the permissive federal standard under the NLRA, allowing union security agreements to remain enforceable.

Under Washington state law, there is no statutory prohibition on requiring union membership or the payment of union dues as a condition of employment. The Washington Labor Code (RCW 49.17.010 et seq.) does not contain a right-to-work provision equivalent to those in 27 other states. Consequently, union security agreements negotiated between employers and unions in Washington are fully legal and enforceable against employees.

This means Washington employers covered by a union security agreement can legally terminate an employee for refusing to join the union or pay union dues. Unlike right-to-work states, where employees retain the right to work without union membership or dues payment, Washington employees in unionized workplaces covered by a security agreement have no state law protection against such termination.

Washington law is stronger for unions than federal baseline in this context because the state has affirmatively chosen not to exercise the option under 29 U.S.C. § 164(b) to restrict union security agreements. Federal law allows but does not require states to protect employee choice; Washington has sided with union security by remaining silent on the issue, creating a legal environment where union power is maximized.

Employee coverage depends on whether the employer is subject to the NLRA (generally private sector employers with sufficient revenue) and whether a valid union security agreement exists at that workplace. Public sector employees in Washington have different protections under Washington Public Employees' Collective Bargaining Law (RCW 41.56), but union security agreements are also permitted in the public sector unless explicitly prohibited by the bargaining agreement. Remedies available to employees challenging invalid union security agreements are limited to federal remedies through the NLRB, not state-level mechanisms.

Washington's lack of right-to-work status does not apply to independent contractors, who are not employees and therefore not covered by union security agreements. Similarly, supervisors and managerial employees are excluded from NLRA coverage and cannot be required to join unions or pay dues under federal law, regardless of state law.

Union security agreements themselves have important limitations. Under the NLRA, an employee cannot be required to pay union dues or fees in excess of the cost of the union's collective bargaining activities, contract administration, and grievance processing. This is called the "fair share" or "agency fee" limitation. Employees can demand that excess portions of their dues—those used for political activities, lobbying, or other non-representational purposes—not be deducted from their pay. The U.S. Supreme Court's decision in Janus v. American Federation of State, County, and Municipal Employees (2018) significantly limited fair share fees for public sector employees, but this decision applies nationally and does not change Washington's non-right-to-work status.

Union security agreements are enforceable only if properly negotiated between the employer and union as part of a valid collective bargaining agreement. If an employee can demonstrate that the union security clause was procured through fraud, misrepresentation, or was not properly authorized, the agreement may be challenged through NLRB proceedings.

Religious objections may provide a narrow exception. Under the NLRA, an employee with genuine religious objections to union membership or dues payment may be required to pay an equivalent amount to a charitable organization instead of union dues, but this exemption is rarely granted and requires documented sincere religious conviction.

Washington state employees covered by Washington Public Employees' Collective Bargaining Law may have additional protections if their specific bargaining agreement explicitly prohibits or limits union security agreements, but such protections would come from the contract itself, not state statute. Private sector at-will employment principles do not provide an exception to union security agreements; at-will employment and union security are compatible legal doctrines.

Union security agreements are not violations when properly negotiated and enforced. However, if you believe a union security agreement at your Washington workplace is invalid, unlawful, or applied improperly, follow these steps:

**Step 1: Document Everything.** Keep records of all communications regarding union membership and dues requirements, including emails, letters, union consent forms, and payroll deductions. Document the dates you were informed of the union security requirement, any verbal statements by union representatives or employers, and the amount of dues deducted. Retain your collective bargaining agreement if available, or request a copy from your employer or union. Photograph or screenshot digital records. Store all documentation separately from workplace computers in case of dismissal.

**Step 2: Understand the Internal Process.** Most union security disputes begin with the union itself. Contact your union steward or local union office to request a copy of the union security agreement and understand the specific terms. Ask for documentation of how your dues are calculated and allocated between representational versus non-representational activities. If you believe excessive fees are being deducted, formally object in writing to the union, requesting an itemized breakdown of fees. This internal step is important because it creates a record and may resolve the dispute without agency involvement. The union is legally required to provide this information upon request.

**Step 3: File with the NLRB, Not Washington State.** Union security agreements fall under federal jurisdiction, not state jurisdiction. File an unfair labor practice charge with the National Labor Relations Board (NLRB) Seattle Regional Office if you believe the union security agreement is invalid, was improperly negotiated, or the union has retaliated against you for objecting to excessive fees. The NLRB Seattle office is located at 915 Second Avenue, Suite 3400, Seattle, WA 98174, telephone (206) 220-6300, or visit www.nlrb.gov. You must file within 180 days of the alleged violation. Your charge must include: your name and contact information, the employer's name and location, the union name, specific facts describing the violation, the date it occurred, and the remedy you seek. Include copies of relevant documents such as the union security clause or proof of unauthorized deductions. Filing is free. You can file online at www.nlrb.gov/cases-decisions/representation-cases or by mail/in person. Include a detailed narrative of why you believe the agreement violates the NLRA.

**Step 4: Expect the NLRB Investigation Process.** After you file a charge, the NLRB conducts a preliminary investigation, typically within 30-60 days. An NLRB investigator will contact you and request additional details. They may interview your employer and union. The NLRB then determines whether there is reasonable cause to believe the NLRA was violated. If reasonable cause exists, the NLRB attempts to settle through an informal adjustment. If no settlement occurs, a formal complaint is issued and a hearing is held before an administrative law judge (ALJ). The entire process typically takes 6-12 months. You will likely be called to testify. The burden is on you to prove the violation. Be prepared to explain precisely why the agreement is invalid or improperly applied.

**Step 5: Consult an Employment Attorney.** Because union security cases are complex and involve federal labor law, consult a labor attorney specializing in NLRA matters before filing or immediately after filing. An attorney can evaluate whether you have a meritorious claim, help you file the charge correctly, represent you in NLRB proceedings, and protect your rights against retaliation. Many attorneys will provide a free initial consultation. Look for attorneys with experience challenging union security agreements or representing employees in NLRB cases. Do not delay; the 180-day filing deadline is strictly enforced.