Right to Work States: Arkansas 

ARKANSAS

Ark. Const. amend. 34

AMEND. 34. RIGHTS OF LABOR

§ 1. Discrimination for or against union labor prohibited.

No person shall be denied employment because of membership in or affiliation with or resignation from a labor union, or because of refusal to join or affiliate with a labor union; nor shall any corporation or individual or association of any kind enter into any contract, written or oral, to exclude from employment members of a labor union or persons who refuse to join a labor union, or because of resignation from a labor union; nor shall any person against his will be compelled to pay dues to any labor organization as a prerequisite to or condition of employment.

§ 2. Enforcement of amendment - Legislation authorized.

The General Assembly shall have power to enforce this article by appropriate legislation. (Initiative approved November 7, 1944 at the General Election.)

Ark. Stat. Ann. §§ 11-3-301 through 11-3-304

SUBCHAPTER 3 -- RIGHT TO WORK

§ 11-3-301. Policy.

Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment 34. (Enacted February 19, 1947.)

§ 11-3-302. Enforcement.

The power and duty to enforce this subchapter is conferred upon and vested in the circuit court of the county in which any person, group of persons, firm, corporation, unincorporated association, labor organization, or representatives thereof who violate this subchapter, or any part hereof, reside or have a place of business or may be found and served with process. (Enacted February 19, 1947.)

§ 11-3-303. Union affiliation or nonaffiliation not to be condition of employment.

No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with a labor union, nor shall any person, unless he shall voluntarily consent in writing to do so, be compelled to pay dues or any other monetary consideration to any labor organization as a prerequisite to, condition of, or continuance of employment. (Enacted February 19, 1947.)

§ 11-3-304. Contracts to exclude persons from employment prohibited.

(a) No person, group of persons, firm, corporation, association, or labor organization shall enter into any contract to exclude from employment:

(1) Persons who are members of, or affiliated with, a labor union;

(2) Persons who are not members of, or who fail or refuse to join or affiliate with, a labor union; and

(3) Persons who, having joined a labor union, have resigned their membership or have been discharged, expelled, or excluded.

(b) (1) Any person, group of persons, firm, corporation, association, labor organization, or representatives thereof, either for themselves or others, who sign, approve, or enter into a contract contrary to the provisions of this subchapter shall be guilty of a misdemeanor. Upon conviction, the person, group of persons, firm, corporation, association, labor organization, or representatives thereof, shall be fined in a sum not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000).

(2) Each day that the unlawful contract is given effect, or in any manner complied with, shall be deemed a separate offense and shall be punishable as such as provided in this section. (Enacted February 19, 1947.)

 


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