North Carolina 2025-2026 Regular Session

North Carolina House Bill H207 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 207
3+H D
4+HOUSE BILL DRH30095-LR-80
5+
56
67
78 Short Title: Remove Barriers to Labor Organizing. (Public)
8-Sponsors: Representatives Morey, Butler, Harrison, and Price (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-February 26, 2025
12-*H207 -v-1*
9+Sponsors: Representative Morey.
10+Referred to:
11+
12+*DRH30095 -LR-80*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT PROVIDING LABOR ORGANIZATIONS WITH THE UNABRIDGED RIGHT TO 2
1515 ENTER INTO LABOR AGREEMENTS AND REPEALING RESTRICTIONS ON LABOR 3
1616 ORGANIZING BY PUBLIC EMPLOYEES. 4
1717 The General Assembly of North Carolina enacts: 5
1818 SECTION 1.(a) Article 10 of Chapter 95 of the General Statutes reads as rewritten: 6
1919 "Article 10. 7
2020 "Declaration of Policy as to Labor Organizations. 8
2121 "§ 95-78. Declaration of public policy. 9
2222 The right to live includes the right to work. The exercise of the right to work must be protected 10
2323 and maintained free from undue restraints and coercion. It is hereby declared to be the public 11
2424 policy of North Carolina that the right of persons to work shall not be denied or abridged on 12
2525 account of membership or nonmembership in any labor union or labor organization or 13
2626 association.abridged. It is further declared to be the public policy of North Carolina that the rights 14
2727 of labor organizations and associations to enter into labor agreements shall not be denied or 15
2828 abridged. 16
2929 "§ 95-79. Certain agreements declared illegal. 17
3030 (a) Any agreement or combination between any employer and any labor union or labor 18
3131 organization whereby persons not members of such union or organization shall be denied the 19
3232 right to work for said employer, or whereby such membership is made a condition of employment 20
3333 or continuation of employment by such employer, or whereby any such union or organization 21
3434 acquires an employment monopoly in any enterprise, is hereby declared to be against the public 22
3535 policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of 23
3636 North Carolina. 24
3737 (b) Any provision that directly or indirectly conditions the purchase of agricultural 25
3838 products, the terms of an agreement for the purchase of agricultural products, or the terms of an 26
3939 agreement not to sue or settle litigation upon an agricultural producer's status as a union or 27
4040 nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor 28
4141 organization is invalid and unenforceable as against public policy in restraint of trade or 29
4242 commerce in the State of North Carolina. Further, notwithstanding G.S. 95-25.8, an agreement 30
4343 requiring an agricultural producer to transfer funds to a labor union or labor organization for the 31
4444 purpose of paying an employee's membership fee or dues is invalid and unenforceable against 32
4545 public policy in restraint of trade or commerce in the State of North Carolina. For purposes of 33
46-this subsection, the term "agricultural producer" means any producer engaged in any service or 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 207-First Edition
48-activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 1
49-29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121. 2
50-"§ 95-80. Membership in labor organization as condition of employment prohibited. 3
51-No person shall be required by an employer to become or remain a member of any labor 4
52-union or labor organization as a condition of employment or continuation of employment by such 5
53-employer. 6
54-"§ 95-81. Nonmembership as condition of employment prohibited. 7
55-No person shall be required by an employer to abstain or refrain from membership in any 8
56-labor union or labor organization as a condition of employment or continuation of employment. 9
57-"§ 95-82. Payment of dues as condition of employment prohibited. 10
58-No employer shall require any person, as a condition of employment or continuation of 11
59-employment, to pay any dues, fees, or other charges of any kind to any labor union or labor 12
60-organization. 13
61-"§ 95-83. Recovery of damages by persons denied employment. 14
62-Any person who may be denied employment or be deprived of continuation of his the person's 15
63-employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, 16
64-G.S. 95-81 shall be entitled to recover from such the employer and from any other person, firm, 17
65-corporation, or association acting in concert with him the employer by appropriate action in the 18
66-courts of this State such damages as he the person may have sustained by reason of such the 19
67-denial or deprivation of employment. 20
68-"§ 95-84. Application of Article. 21
69-The provisions of this Article shall not apply to any lawful contract in force on the effective 22
70-date hereof but they shall apply in all respects to contracts entered into thereafter and to any 23
71-renewal or extension of any existing contract." 24
72-SECTION 1.(b) Article 12 of Chapter 95 of the General Statutes is repealed. 25
73-SECTION 2. This act is effective when it becomes law and applies to agreements 26
74-entered into on or after that date. 27
46+this subsection, the term "agricultural producer" means any producer engaged in any service or 34
47+activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 35
48+29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121. 36
49+H.B. 207
50+Feb 25, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30095-LR-80
53+"§ 95-80. Membership in labor organization as condition of employment prohibited. 1
54+No person shall be required by an employer to become or remain a member of any labor 2
55+union or labor organization as a condition of employment or continuation of employment by such 3
56+employer. 4
57+"§ 95-81. Nonmembership as condition of employment prohibited. 5
58+No person shall be required by an employer to abstain or refrain from membership in any 6
59+labor union or labor organization as a condition of employment or continuation of employment. 7
60+"§ 95-82. Payment of dues as condition of employment prohibited. 8
61+No employer shall require any person, as a condition of employment or continuation of 9
62+employment, to pay any dues, fees, or other charges of any kind to any labor union or labor 10
63+organization. 11
64+"§ 95-83. Recovery of damages by persons denied employment. 12
65+Any person who may be denied employment or be deprived of continuation of his the person's 13
66+employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, 14
67+G.S. 95-81 shall be entitled to recover from such the employer and from any other person, firm, 15
68+corporation, or association acting in concert with him the employer by appropriate action in the 16
69+courts of this State such damages as he the person may have sustained by reason of such the 17
70+denial or deprivation of employment. 18
71+"§ 95-84. Application of Article. 19
72+The provisions of this Article shall not apply to any lawful contract in force on the effective 20
73+date hereof but they shall apply in all respects to contracts entered into thereafter and to any 21
74+renewal or extension of any existing contract." 22
75+SECTION 1.(b) Article 12 of Chapter 95 of the General Statutes is repealed. 23
76+SECTION 2. This act is effective when it becomes law and applies to agreements 24
77+entered into on or after that date. 25