North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S120 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 120
3+S D
4+SENATE BILL DRS45065-LR-50
5+
56
67
78 Short Title: Remove Barriers to Labor Organizing. (Public)
89 Sponsors: Senators Grafstein, Meyer, and Murdock (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-February 21, 2025
11-*S120 -v-1*
10+Referred to:
11+
12+*DRS45065 -LR-50*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT PROVIDING LABOR ORGANIZATIONS WITH THE UNABRIDGED RIGHT TO 2
1415 ENTER INTO LABOR AGREEMENTS AND REPEALING RESTRICTIONS ON LABOR 3
1516 ORGANIZING BY PUBLIC EMPLOYEES. 4
1617 The General Assembly of North Carolina enacts: 5
1718 SECTION 1.(a) Article 10 of Chapter 95 of the General Statutes reads as rewritten: 6
1819 "Article 10. 7
1920 "Declaration of Policy as to Labor Organizations. 8
2021 "§ 95-78. Declaration of public policy. 9
2122 The right to live includes the right to work. The exercise of the right to work must be protected 10
2223 and maintained free from undue restraints and coercion. It is hereby declared to be the public 11
2324 policy of North Carolina that the right of persons to work shall not be denied or abridged on 12
2425 account of membership or nonmembership in any labor union or labor organization or 13
2526 association.abridged. It is further declared to be the public policy of North Carolina that the rights 14
2627 of labor organizations and associations to enter into labor agreements shall not be denied or 15
2728 abridged. 16
2829 "§ 95-79. Certain agreements declared illegal. 17
2930 (a) Any agreement or combination between any employer and any labor union or labor 18
3031 organization whereby persons not members of such union or organization shall be denied the 19
3132 right to work for said employer, or whereby such membership is made a condition of employment 20
3233 or continuation of employment by such employer, or whereby any such union or organization 21
3334 acquires an employment monopoly in any enterprise, is hereby declared to be against the public 22
3435 policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of 23
3536 North Carolina. 24
3637 (b) Any provision that directly or indirectly conditions the purchase of agricultural 25
3738 products, the terms of an agreement for the purchase of agricultural products, or the terms of an 26
3839 agreement not to sue or settle litigation upon an agricultural producer's status as a union or 27
3940 nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor 28
4041 organization is invalid and unenforceable as against public policy in restraint of trade or 29
4142 commerce in the State of North Carolina. Further, notwithstanding G.S. 95-25.8, an agreement 30
4243 requiring an agricultural producer to transfer funds to a labor union or labor organization for the 31
4344 purpose of paying an employee's membership fee or dues is invalid and unenforceable against 32
4445 public policy in restraint of trade or commerce in the State of North Carolina. For purposes of 33
4546 this subsection, the term "agricultural producer" means any producer engaged in any service or 34
4647 activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 35
47-29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121. 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 120-First Edition
48+29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121. 36
49+FILED SENATE
50+Feb 18, 2025
51+S.B. 120
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
53+Page 2 DRS45065-LR-50
4954 "§ 95-80. Membership in labor organization as condition of employment prohibited. 1
5055 No person shall be required by an employer to become or remain a member of any labor 2
5156 union or labor organization as a condition of employment or continuation of employment by such 3
5257 employer. 4
5358 "§ 95-81. Nonmembership as condition of employment prohibited. 5
5459 No person shall be required by an employer to abstain or refrain from membership in any 6
5560 labor union or labor organization as a condition of employment or continuation of employment. 7
5661 "§ 95-82. Payment of dues as condition of employment prohibited. 8
5762 No employer shall require any person, as a condition of employment or continuation of 9
5863 employment, to pay any dues, fees, or other charges of any kind to any labor union or labor 10
5964 organization. 11
6065 "§ 95-83. Recovery of damages by persons denied employment. 12
6166 Any person who may be denied employment or be deprived of continuation of his the person's 13
6267 employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, 14
6368 G.S. 95-81 shall be entitled to recover from such the employer and from any other person, firm, 15
6469 corporation, or association acting in concert with him the employer by appropriate action in the 16
6570 courts of this State such damages as he the person may have sustained by reason of such the 17
6671 denial or deprivation of employment. 18
6772 "§ 95-84. Application of Article. 19
6873 The provisions of this Article shall not apply to any lawful contract in force on the effective 20
6974 date hereof but they shall apply in all respects to contracts entered into thereafter and to any 21
7075 renewal or extension of any existing contract." 22
7176 SECTION 1.(b) Article 12 of Chapter 95 of the General Statutes is repealed. 23
7277 SECTION 2. This act is effective when it becomes law and applies to agreements 24
7378 entered into on or after that date. 25