Right to Work States: Tennessee 

TENNESSEE

 

Professional Educators Collaborative Conferencing Act (Enacted 2011)

§ 49-5-602 Part definitions

As used in this part, unless the context otherwise requires:

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(8) "Professional employee" means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state supported, in whole or in part, by local, state or federal funds, but shall not include any members of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8;

(9) "Professional employees' organization" means any organization with membership open to professional employees, as defined in subdivision (8), in which the professional employees participate and that exists for the purpose of promoting the professional status and growth of educators and the welfare of students....

§ 49-5-603. Rights of professional employees

Professional employees have the right to self-organization, to form, join or be assisted by organizations, to participate in collaborative conferencing with local boards of education through representatives of their own choosing and to engage in other concerted activities for the purpose of other mutual aid and benefit; provided, that professional employees also have the right to refrain from any or all such activities.

§ 49-5-609. Unlawful acts

(a) It is unlawful for a board of education or its management personnel
to:

(1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part;

(2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603;


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(5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression contains no threat of reprimand, discharge or promise of benefits;

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(b) It is unlawful for a professional employees' organization or its representatives to:

(1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees' organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership;

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(3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;

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(5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part;

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(7) Coerce or attempt to intimidate professional employees who choose not to join a professional organization.


Tenn. Code Ann. §§ 50-1-201 through 204

§ 50-1-201. Denial of employment because of affiliation or nonaffiliation with labor union.

It is unlawful for any person, firm, corporation or association of any kind to deny or attempt to deny employment to any person by reason of such person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind. (Enacted 1947.)

§ 50-1-202. Contracting for exclusion from employment because of affiliation or nonaffiliation with labor union.

It is unlawful for any person, firm, corporation or association of any kind to enter into any contract, combination or agreement, written or oral, providing for exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind. (Enacted 1947.)

§ 50-1-203. Exclusion from employment for payment of or failure to pay union dues.

It is unlawful for any person, firm, corporation or association of any kind to exclude from employment any person by reason of such person's payment of or failure to pay dues, fees, assessments, or other charges to any labor union or employee organization of any kind. (Enacted 1947.)

§ 50-1-204. Penalty.

(a) Any person, firm, corporation, or association of any kind violating any of the provisions of this part commits a Class A misdemeanor.

(b) Each day that any person, firm, corporation or association of any kind remains in violation of any of the provisions of this part is deemed to be a separate and distinct offense, punishable in accordance with the provisions of this section. (Enacted 1947.)


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