12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT PROVIDING LABOR ORGANIZATIONS WITH THE UNABRIDGED RIGHT TO 2 |
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14 | 15 | | ENTER INTO LABOR AGREEMENTS AND REPEALING RESTRICTIONS ON LABOR 3 |
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15 | 16 | | ORGANIZING BY PUBLIC EMPLOYEES. 4 |
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16 | 17 | | The General Assembly of North Carolina enacts: 5 |
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17 | 18 | | SECTION 1.(a) Article 10 of Chapter 95 of the General Statutes reads as rewritten: 6 |
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18 | 19 | | "Article 10. 7 |
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19 | 20 | | "Declaration of Policy as to Labor Organizations. 8 |
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20 | 21 | | "§ 95-78. Declaration of public policy. 9 |
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21 | 22 | | The right to live includes the right to work. The exercise of the right to work must be protected 10 |
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22 | 23 | | and maintained free from undue restraints and coercion. It is hereby declared to be the public 11 |
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23 | 24 | | policy of North Carolina that the right of persons to work shall not be denied or abridged on 12 |
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24 | 25 | | account of membership or nonmembership in any labor union or labor organization or 13 |
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25 | 26 | | association.abridged. It is further declared to be the public policy of North Carolina that the rights 14 |
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26 | 27 | | of labor organizations and associations to enter into labor agreements shall not be denied or 15 |
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27 | 28 | | abridged. 16 |
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28 | 29 | | "§ 95-79. Certain agreements declared illegal. 17 |
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29 | 30 | | (a) Any agreement or combination between any employer and any labor union or labor 18 |
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30 | 31 | | organization whereby persons not members of such union or organization shall be denied the 19 |
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31 | 32 | | right to work for said employer, or whereby such membership is made a condition of employment 20 |
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32 | 33 | | or continuation of employment by such employer, or whereby any such union or organization 21 |
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33 | 34 | | acquires an employment monopoly in any enterprise, is hereby declared to be against the public 22 |
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34 | 35 | | policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of 23 |
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35 | 36 | | North Carolina. 24 |
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36 | 37 | | (b) Any provision that directly or indirectly conditions the purchase of agricultural 25 |
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37 | 38 | | products, the terms of an agreement for the purchase of agricultural products, or the terms of an 26 |
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38 | 39 | | agreement not to sue or settle litigation upon an agricultural producer's status as a union or 27 |
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39 | 40 | | nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor 28 |
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40 | 41 | | organization is invalid and unenforceable as against public policy in restraint of trade or 29 |
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41 | 42 | | commerce in the State of North Carolina. Further, notwithstanding G.S. 95-25.8, an agreement 30 |
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42 | 43 | | requiring an agricultural producer to transfer funds to a labor union or labor organization for the 31 |
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43 | 44 | | purpose of paying an employee's membership fee or dues is invalid and unenforceable against 32 |
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44 | 45 | | public policy in restraint of trade or commerce in the State of North Carolina. For purposes of 33 |
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45 | 46 | | this subsection, the term "agricultural producer" means any producer engaged in any service or 34 |
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46 | 47 | | activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 35 |
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49 | 54 | | "§ 95-80. Membership in labor organization as condition of employment prohibited. 1 |
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50 | 55 | | No person shall be required by an employer to become or remain a member of any labor 2 |
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51 | 56 | | union or labor organization as a condition of employment or continuation of employment by such 3 |
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52 | 57 | | employer. 4 |
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53 | 58 | | "§ 95-81. Nonmembership as condition of employment prohibited. 5 |
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54 | 59 | | No person shall be required by an employer to abstain or refrain from membership in any 6 |
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55 | 60 | | labor union or labor organization as a condition of employment or continuation of employment. 7 |
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56 | 61 | | "§ 95-82. Payment of dues as condition of employment prohibited. 8 |
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57 | 62 | | No employer shall require any person, as a condition of employment or continuation of 9 |
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58 | 63 | | employment, to pay any dues, fees, or other charges of any kind to any labor union or labor 10 |
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59 | 64 | | organization. 11 |
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60 | 65 | | "§ 95-83. Recovery of damages by persons denied employment. 12 |
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61 | 66 | | Any person who may be denied employment or be deprived of continuation of his the person's 13 |
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62 | 67 | | employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, 14 |
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63 | 68 | | G.S. 95-81 shall be entitled to recover from such the employer and from any other person, firm, 15 |
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64 | 69 | | corporation, or association acting in concert with him the employer by appropriate action in the 16 |
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65 | 70 | | courts of this State such damages as he the person may have sustained by reason of such the 17 |
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66 | 71 | | denial or deprivation of employment. 18 |
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67 | 72 | | "§ 95-84. Application of Article. 19 |
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68 | 73 | | The provisions of this Article shall not apply to any lawful contract in force on the effective 20 |
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69 | 74 | | date hereof but they shall apply in all respects to contracts entered into thereafter and to any 21 |
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70 | 75 | | renewal or extension of any existing contract." 22 |
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71 | 76 | | SECTION 1.(b) Article 12 of Chapter 95 of the General Statutes is repealed. 23 |
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72 | 77 | | SECTION 2. This act is effective when it becomes law and applies to agreements 24 |
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73 | 78 | | entered into on or after that date. 25 |
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