# The Attorney General ofTexas March 20, 1978 JOHN L.HILL Attorney General
The Honorable Lynn Tate Commissioner Texas Department ofLabor and Standards Sam Houston State Office Building Austin, Texas 107R Opinion No. H-1139 Re: Whether one year irrevocable union dues checkoff provisions inunion 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. Youask whether such an agreement violates prohibitions concerning compulsory union membership. V.T.C.S. art. 5207a; see also V.T.C.S. art. 5154c, S4; art. 5154g,S1. Your precise question is:Does an employee in Texas whose employment is

governed by a union contract containing typical language for aone-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 ofwages which would exclude the amounts that otherwise would have been withheld asunion 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 inArticle 5154e,V.T.C.S.

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

Article 5207a provides inpart: Sec. 3. Any contract which requires or prescribes that employees orapplicants for employment inorder to work for an employer shall or shall not be or remain members of a labor union, shall benull and void and against public policy. Indiscussing article 5207a and the related statements ofpublic policy contained in article 5154~and 5154g,the Supreme Court ofTexas has stated:

The intent seems obvious to protect employees in the exercise ofthe right of free choice of]oining or not joining a union. The purpose of the statute is to afford equal opportunity to workto both classes ofemployees. Lunsford v. Citv of Brvan, 297S.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. 175v. Walker, 236S.W.2d 683 (Tex. Ciz’App 50) Sh t **M** tai

.d JIas?and li51, -pinions WW-1018(1961);S-224 (1956). We do not wrtt re . believe that article 5207atherefore isdispositive ofyour question. ‘lhe controlling statute does appear to be article 5154e, V.T.C.S., to which you refer in the final sentence ofyour inquiry. Article 5154e,V.T.C.S., provides inpart: 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 ofthe employee delivered to the employer authorizingthe retention or the withholding ofsuch sumshall be null and void andagainst public policy. The provisions ofarticle 5154eare to our mind very clear. Thekey 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 29U.S.C. S186(c)(4). - Your question arose from the possibility that an employee could file a complaint under articles 5155-5159,V.T.C.S., forunpaid wages which were deducted pursuant to a checkoff agreement. lnour opinion such acomplaint under the semimonthly payday laws would not be upheld if it were demonstrated that the

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employee had timely delivered a written consent to the employer authorizing the retention or withholding ofsuch deduction. SUMMARY Aprovision 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 asthe employee affected has given and delivered to the employer hiswritten consent for such aprovision. Verytruly yours,

Attorney General ofTexas

Opinion Committee

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