TENNESSEE
Education Professional Negotiations Act
§ 49-5-602. Definitions
As used in this part, unless the context otherwise requires:
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(11) "Professional employee" includes any person employed by any local board of education in a position which requires a license issued by the department of education for service in public elementary and secondary schools of Tennessee supported, in whole or in part, by local, state or federal funds, but shall not include a retired teacher who is employed as a teacher in accordance with the provisions of title 8, chapter 36, part 8;
(12) "Professional employees' organization" means any organization with membership open to professional employees, as defined in subdivision (11), in which such employees participate and which exists for the purpose, in whole or in part, of dealing with boards of education concerning, but not limited to, grievances, wages, hours of employment or conditions of work. Such organizations may establish reasonable rules and regulations for conducting business, including provisions for the dismissal of individuals from membership; . . . . (Enacted 1978, as amended 2000.)
§ 49-5-603. Professional employees; rights
Professional employees have the right to self-organization, to form, join or be assisted by organizations, to negotiate through representatives of their own choosing, and to engage in other concerted activities for the purpose of professional negotiations or other mutual aid or protection; provided, that professional employees also have the right to refrain from any or all such activities. (Enacted 1978.)
§ 49-5-609. Prohibited practices
(a) It is unlawful for a board of education or its designated representative
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; provided, that the board of education or its designated representative may express any views, arguments or opinions on the subject of employer-employee relations; provided, that such expression contains no threat of reprimand, discharge, or promise of benefits;
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(b) It is unlawful for a recognized professional employees' organization or its representatives to:
(1) Cause or attempt to cause a board of education to engage in conduct violative of the provisions of this part; provided, that this subdivision shall not be construed to impair the right of a professional employees' organization to prescribe its 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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(6) Urge, coerce or encourage others to engage in unlawful acts as defined in this part. . . .
(Enacted 1978.)
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.)
