The Attorney General of Texas 

March 20, 1978 

JOHN L. HILL 

Attorney General 

The Honorable Lynn Tate 

Commissioner 

Texas Department of Labor 

and Standards 

Sam Houston State Office 

Building 

Austin, Texas 107R 

Opinion No. H-1139 

Re: Whether one year irrevocable 

union dues checkoff provisions in union 

contracts violate state law prohibiting 

compulsory unionism. 

Dear Commissioner Tate: 

You have requested our opinion concerning the legality of a one year 

irrevocable union dues checkoff agreement by which an employer, at the 

employee’s request, deducts union dues from an employee% paycheck and 

transfers such sums to the labor union. You ask whether such an agreement 

violates prohibitions concerning compulsory union membership. V.T.C.S. 

art. 5207a; see also V.T.C.S. art. 5154c, S 4; art. 5154g, S 1. Your precise 

question is: 

Does an employee in Texas whose employment is 

governed by a union contract containing typical language for a one-year irrevocable dues checkoff agreement with the contracting employer, have a right to 

terminate that agreement because of the prohibition 

under Texas law against compulsory unionism in 

Article 5207a, V.T.C.S., so as to be entitled to receive 

a payment of wages which would exclude the amounts 

that otherwise would have been withheld as union dues 

during the remaining term of the one-year agreement 

so as to support a wage complaint under the Texas 

Semi-Monthly Pay Day Law, or, would this type of 

one-year irrevocable dues checkoff agreement preclude the employee under such circumstances from 

claiming that additional amount as wages in connection with a complaint filed with our office under the 

Texas Semi-Monthly Pay Day Law? In this regard, 

please consider the provision for dues checkoff contained in Article 5154e, V.T.C.S. 

p. 4637 
r . 

The Honorable Lynn Tate - Page 2 (H-1139) 

Article 5207a provides in part: 

Sec. 3. Any contract which requires or prescribes that 

employees or applicants for employment in order to work for 

an employer shall or shall not be or remain members of a 

labor union, shall be null and void and against public policy. 

In discussing article 5207a and the related statements of public policy contained in 

article 5154~ and 5154g, the Supreme Court of Texas has stated: 

The intent seems obvious to protect employees in the 

exercise of the right of free choice of ]oining or not joining 

a union. The purpose of the statute is to afford equal 

opportunity to work to both classes of employees. 

Lunsford v. Citv of Brvan, 297 S.W.2d 115, ll7 (Tex. 1957). Thus the proscription of 

-. .---- ?ibligations and actions on the part of employers; they are 

required to afford “equal opportunity.” See also Construction and General Labor 

Union Local No. 688 v. Stephenson, tST33K2d 958 (T . 

Workers Local No. 175 v. Walker, 236 S.W.2d 683 (Tex. Ciz’App 

50) Sh t M tai 

. d JIas?and li51, 

-pinions wrtt re . WW-1018 (1961); S-224 (1956). We do not 

believe that article 5207a therefore is dispositive of your question. ‘lhe controlling 

statute does appear to be article 5154e, V.T.C.S., to which you refer in the final 

sentence of your inquiry. 

Article 5154e, V.T.C.S., provides in part: 

Any contract which permits, requires, prescribes or 

provides for the retention of any part of the compensation 

of an employee for the purpose of paying dues or assessments on his part to any labor union, without the written 

consent of the employee delivered to the employer authorizing the retention or the withholding of such sum shall be null 

and void and against public policy. 

The provisions of article 5154e are to our mind very clear. The key to determining 

whether or not contractual provisions for so called one year “irrevocable dues 

checkoff” are legal is to ascertain if the employee has given written consent to 

such a provision. Obviously, a provision which provides solely for a union dues 

checkoff agreement would be valid under article 5154e so long as the employee 

affected has given and delivered to the employer his written consent thereto. See 

- 

also 29 U.S.C. S 186 (c)(4). 

- 

Your question arose from the possibility that an employee could file a 

complaint under articles 5155-5159, V.T.C.S., for unpaid wages which were deducted 

pursuant to a checkoff agreement. ln our opinion such a complaint under the semimonthly payday laws would not be upheld if it were demonstrated that the 

p. 4638 
The Honorable Lynn Tate - Page 3 (H-11391 

employee had timely delivered a written consent to the employer authorizing the 

retention or withholding of such deduction. 

SUMMARY 

A provision for a one year irrevocable union dues checkoff 

agreement between a union and a member thereof is made 

valid by the Legislature under article S154e, V.T.C.S., so 

long as the employee affected has given and delivered to the 

employer his written consent for such a provision. 

Very truly yours, 

Attorney General of Texas 

Opinion Committee 

p. 4639