An Issue With Warren’s Bill To Repeal Right-To-Work Laws

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In this piece, we explain that Warren's bill to preempt state right-to-work laws may not achieve its purpose as currently drafted. Warren's bill simply repeals section 14(b) of the NLRA, but there are viable legal theories that say this would not be enough to end state right-to-work laws. Given those legal theories, we think it is prudent to modify the bill so that it replaces section 14(b) with an explicit preemption statement, rather than merely repealing it.