Print Page
Pdf Page
Add To Report
Report Center| Every attempt has been made to provide current, accurate, and consistent data in this database. There may be some differences due to sources, methodologies, or timing of data-assembly. |
| Texas - A Right-to-Work State |
|
Right-to-Work Status
Texas Right to Work Law [NOTE: State laws are in a constant state of flux. Before relying on the text of any state Right to Work statute, you should check the most recent edition of your state laws.] Texas first enacted Right to Work protections in 1947, but the current language of Texas’ Right to Work law was enacted in 1993. The Texas Labor Code concerning labor organizations is contained in Title III, Chapter 101, and has seven subchapters. V.T.C.A., LABOR CODE § 101.001 et. seq. Subpart B reads: § 101.051. Definition In this subchapter, "labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and existing to protect those persons and to improve their working conditions, wages, or employment relationships, but does not include an organization not commonly regarded as a labor union. § 101.052. Denial of Employment Based On Labor Union Membership Prohibited A person may not be denied employment based on membership or nonmembership in a labor union. § 101.053. Contract Requiring or Prohibiting Union Membership Void A contract is void if it requires that, to work for an employer, employees or applicants for employment (1) must be or may not be members of a labor union, or (2) must remain or may not remain members of a labor union. Subchapter C contains the following pertinent sections. § 101.102. Legislative Findings; Policy (b) Workers must be protected without regard to whether they are unionized. The right to work is the right to live. § 101.111. Fee for Privilege to Work Prohibited (a) A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union. (b) Subsection (a) does not prevent the collection of an initiation fee as provided by Section 101.113. § 101.121. Civil Penalty. A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $1,000 for each violation. The civil penalty may be recovered in the name of the state, acting through an enforcement officer, in a court of competent jurisdiction. § 101.122. Enforcement by Civil Process. (a) A district court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent injunction, or any other writ or process appropriate to enforce this subchapter. (b) A proceeding under Subsection (a) shall be instituted, prosecuted, and tried in the same manner as another civil case of a similar nature in the district court. § 101.123. Offense; Penalty (a) A labor union officer or a labor organizer commits an offense if the person violates a provision of this subchapter. (b) An offense under this section is a misdemeanor punishable by (1) a fine of not more than $500; (2) confinement in the county jail for not more than 60 days; or (3) both the fine and confinement. § 101.124. Enforcement Officers. The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall: (1) prosecute all criminal proceedings under this subchapter; and (2) institute and maintain all civil proceedings under this subchapter. Subchapter G reads: § 101.301. Interference with Right to Work; Liability (a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization. (b) In the exercise of the right to work, each person shall be free from threats, force, intimidation, or coercion. (c) A person who violates this subchapter is liable to a person who suffers from that violation for all resulting damages. § 101.302. Injunctive Relief (a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter. (b) The district courts shall grant injunctive relief when a violation of this subchapter is made apparent. § 101.303. Assignment of District Judge Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the cause of action may apply to the presiding judge of the administrative judicial region within which the action is brought. The presiding judge shall immediately assign a district judge from within the administrative judicial region who shall hear all proceedings in the cause of action. IMPORTANT NOTE: Subchapter C, § 101.124, limits to designated public enforcement officers the right to seek civil enforcement, under §§ 101.121-101.122, and criminal enforcement, under § 101.123, of § 101.111. This does not affect private causes of action that may be brought under Subchapter G, § 101.301 and § 101.302(b). National Right to Work |
