Tabor City tribune. (Tabor City, N.C.) 1946-1991, 1961-05-10
This Is
The Law
kIGHT-TO-WORK LAWS

kIGHT-TO-WORK LAWS
May a person be forced to
join a union in order TO hold
his job under the laws Of North
Carolina?
No. North Carolina is one
Of nineteen states that has a
so-called right, to-work" sta
tute.
The North Carolina statute
provides: "The right to live
includes the right to work. The
exercise of the right to wotk
must be protected and main
tanned free from undue re-
straints and coercion. It is
hereby declared to be the pub
lie policy of North Carolina
that the right of persons to
work shall not be denied or a.
bridged on account of memb-
ership or nonmembership in
any labor union or labor org
anization or association"
Any contract between an EN-.
ployer and a labor union which
makes union membership al
prerequisite to employment or
continuation of employment is
void under this statute. A vio-
lation of the statute is a GRIM
inal offense. Any person who
is denied employment or de-
prived of continuation of his
employment is violation of the
statute may recover from the
employer in a civil action such
damages as he may have sus-
tanned by reason of such dcni-J
al or deprivation of employ
ment.
The CLOSED shop" or "un-
ion shop" has been outlawcd
under the provisions of this
statute.
Both the Supreme Court of
North Carolina and the SUI
preme Court of the United
States have sustained the con-
stitutionality of'the North Car
olina statute.
The Taft-Hartley Act, en-
acted by the Congress of the
United States is 1947, regu-
lates certain union activities
with employers that are engag-
ed in interstate commerce.
Under this federal law COM
pulSory union membership is
permitted in those instances
where the union leaders can
persuade or force the union to
sign a union shop contract. But
the same federal law provides
that employees may not be
compelled to join a union In
those states which have a
"risht-to-wOrk" statute.
Under 1851 amendment To
the Railroad Labor Act, enact |
ed by the Congress of the I'm
tied States, labor Union and
an interstate carrier, as defined
by the act, are permitted to
enter into a union shop agree
mcnt, Notwithstanding the pro-
VISIONS of any state statute to
the contrary. The federal sta
tute, of necessity, supcrsedcs
the North Carolina "right-to-
work" statute in this one inst
ance.
The "right-to-wOrk" statutes
have become a hot political is
sue. The top leaders of labor
unions are fighting bitterly to
prevent their spread and to
knock out those now on the
books
Most employers are natural
ly In favor of these "right-to-
work. states. They point out
That becoming member of a
union or other organization
should be voluntary act: and
mat many workers are forced
TO Join a union by collective
bargaining agreements between
unions and employers, reauir-
ing them to do so or lose their
Jobs.
Those opposed to "right-to-
work" statutes contend that
unions represent both members
and non-members in a certifi-
ed bargaining unit and that
any benefits won by the I'M
ion accrue TO all, and therefore
all should pay. Unionism has
unquestionably done much for
the workingman. Many union
members have become inccns-
ed at what they call free rid
employees who
benefit from union gains with
'ut contributing financially to
their accomplishment. Laws
union shop contracts,
hey say, encourage free rid
Frs.