Thursday, October 30, 2014


The right of persons to work in the State of North Carolina shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization or association. This declaration of public policy was enacted into law on March 18, 1947.
It means that certain agreements are declared illegal according to this business law. For example, any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work is illegal.
It means that employers cannot require membership in a union as a condition of employment. Also it means non-membership in a union as a condition of employment is prohibited. In other words, an employer cannot fire an employee because they join a union.
Federal law—the National Labor Relations Act (NLRA) enforced by the National Labor Relations Board (NLRB) governs unionization in private employment and allows states to choose whether they want to be right-to-work states. Private employers in North Carolina are bound by federal law when it comes to the obligation to recognize unions and engage in collective bargaining, but they are also bound by the State law that makes North Carolina a right-to-work state.
Federal law does not govern unionization in governmental employment. The NLRA and the NLRB have no jurisdiction over governmental employment. Instead, states are free to design their own laws for the state government as employer and for local governmental units as employers regarding recognition of unions and the obligation to engage in collective bargaining. North Caroline has chosen to ban collective bargaining in governmental employment altogether attorney.
Payment of dues as a condition of employment is prohibited. No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to labor union or a labor organization.
Any person who may be denied employment or deprived of continuation of employment due to violation of these laws shall be entitled to recover damages in the courts of this State as they have sustained by reason of deprivation of employment for these reasons from an employer or any association acting in concert with the employer.
The right to work law for North Carolina also states that contracts between units of government and labor unions, trade unions or labor organizations concerning public employees are illegal.
Note: All the provisions of the Right to Work Law governing North Carolina can be found in Chapter 95. Department of Labor and Labor Regulations, Article 10, Declaration of Policy as to Labor Organizations N.C. Gen Stat. §§ 95-78 to 84.

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