Ariz. Const. art. XXV
Title 23. Labor
Chapter 8. Labor Relations
Article 1. Right to Work
ARTICLE 1. RIGHT TO WORK
Right to work or employment without membership in labor organization
No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization. (Addition approved election Nov. 5, 1946, eff. Nov. 25, 1946; amended November 30, 1982.)
§ 23-1301. Definitions
In this article, unless the context otherwise requires:
1. "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
2. "Person" includes a natural person, a corporation, association, company, firm or labor organization. (Adopted by Referendum; effective November 22, 1948.)
§ 23-1302. Prohibition of agreements denying employment because of nonmembership in labor organization
No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state or any subdivision thereof, or any corporation, individual, or association of any kind enter into an agreement, written or oral, which excludes a person from employment or continuation of employment because of nonmembership in a labor organization. (Adopted by Referendum; effective November 22, 1948.)
§ 23-1303. Illegality of acts or agreements violating article; strike or picketing for illegal purpose
A. Any act or provision in an agreement which is in violation of this article is illegal and void.
B. Any strike or picketing to force or induce an employer to make an agreement orally or in writing in violation of this article is for an illegal purpose. (Adopted by Referendum; effective November 22, 1948.)
§ 23-1304. Prohibition of threatened or actual interference with a person, his family or property to compel him to join labor organization, strike or leave employment
It is unlawful for an employee, labor organization, or officer, agent or member thereof, by any threatened or actual interference with the person, his immediate family or his property, to compel or attempt to compel such person to join a labor organization, to strike against his will or to leave his employment. (Adopted by Referendum; effective November 22, 1948.)
§ 23-1305. Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization
A combination or conspiracy by two or more persons to cause the discharge of any person or to cause him to be denied employment because he is not a member of a labor organization by inducing or attempting to induce any other person to refuse to work with such person, is illegal. (Adopted by Referendum; effective November 22, 1948.)
§ 23-1306. Civil liability of person violating article
A person who violates any provision of this article, or who enters into an agreement containing a provision declared illegal by this article, or who brings about the discharge of or denial of employment to any person because of nonmembership in a labor organization shall be liable to the person injured as the result of such act or provision and may be sued therefor, and in such action any labor organization, subdivision or local thereof shall be bound by the acts of its duly authorized agents acting within the scope of their authority, and may sue or be sued in its common name. (Adopted by Referendum; effective November 22, 1948.)
§ 23-1307. Injunctive relief from injury resulting from violation of article
A person injured or threatened with injury by an act declared illegal by this article shall, notwithstanding any other provision of law to the contrary, be entitled to injunctive relief therefrom. (Adopted by Referendum; effective November 22, 1948.)
ARTICLE 5. AGRICULTURE EMPLOYMENT RELATIONS
§ 23-1383. Rights of employees
A. Agricultural employees have the right to self-organization, to bargain directly for themselves, and to form and join or assist labor organizations to bargain collectively through representatives of their own free choosing, or to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, and each such employee has the right, without interference from any source, to refrain from any and all of these activities.
B. Agricultural employees also have those rights more particularly defined and described in articles 1 and 3 of this chapter and shall be protected from the practices described in article 4 of this chapter. (Enacted 1983.)
§ 23-1385. Unfair labor practices; definition
A. It is an unfair labor practice for an agricultural employer:
1. To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 23-1383 and articles 1 and 3 of this chapter . . . .
. . . .
3. To encourage or discourage membership in any labor organization by discrimination in regard to hiring or tenure of employment or any term or condition of employment.
. . . .
B. It is an unfair labor practice for a labor organization or its agents to:
1. Impose any economic sanction, to restrain or coerce agricultural employees in the exercise of their rights or to coerce or intimidate any employee in the enjoyment of his legal rights provided by this article, or to intimidate his family, picket his domicile or injure the person or property of any employee or his family. This paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership.
2. Threaten or impose any economic sanction or reprisal against any person who is not a member of the labor organization in the exercise of rights under this article, including but not limited to the right to refrain from any or all concerted activity, or against any person, who is not a member of the labor organization, who refrains from compliance with a union rule, policy or practice that establishes or affects wages, hours or working conditions at such person’s place of employment.
. . . .
5. Cause or attempt to cause an agricultural employer to:
. . . .
(d) Discriminate in regard to hiring or tenure of employment
or any term or condition of employment to encourage or discourage membership in any labor organization. Nothing in this subdivision prohibits agreements between labor organizations and agricultural employers that regulate hiring and tenure of employment on the basis of seniority, and the labor organization is not given power to determine seniority unilaterally. . . . (Enacted 1983.)