Review of Relevant Case Law

The model language presented later in this study is based on a review of the case law for right-to-work provisions in the 22 states that have such laws. The discussion that follows focuses on the right-to-work litigation surrounding Oklahoma’s state constitutional amendment, because the Oklahoma case is the most recent and instructive of the legal challenges. Nevertheless, pertinent litigation from Arizona, Nebraska, Nevada, North Carolina, South Carolina and Tennessee will be discussed as well.