ALABAMA
Ala. Const. Art. I, § 36.05
Alternatively cited as AL CONST Amend. No. 913
Approved by referendum on November 8, 2016.
Sec. 36.05. Right to work.
(a) It is hereby declared to be the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization.
(b) An agreement or combination between an employer and labor union or labor organization which provides that a person who is not a member of the union or organization shall be denied the right to work for the employer, or where membership in the union or organization is made a condition of employment or continuation of employment by the employer, or where the union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.
(c) No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment.
(d) A person may not be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of his or her employment.
(e) An employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.
(f) This amendment shall not apply to any lawful contract in force on or prior to the date of the ratification of this amendment but it shall apply in all respects to contracts entered into after the date of the ratification of this amendment, and to any renewal or extension of an existing contract.
TITLE 11. Counties and Municipal Corporations
Subtitle 2. Provision Applicable to Municipal Corporations Only.
CHAPTER 43. Mayor and Council, Other Officers, Employees, Departments, Etc.
ARTICLE VII. Fire Department
§ 11-43-143. Municipal or state firefighters or firemen not to strike, assert right to work, etc; rights to join labor organizations, ect.
(a) No person shall accept or hold any commission or employment as a firefighter or fireman in the service of the state or of any municipality in the state who participates in any strike or asserts the right to strike against the state or any municipality of the state, or be a member of an organization of employees that asserts the right to strike against the state or any municipality in the
state knowing that such organization asserts such right.
(b) All firefighters serving the state or any municipality in the state either as paid firemen or as volunteer firefighters who comply with the provisions of this section are assured the right and freedom of association, self-organization, and the right to join or to continue as members of any employee or labor organization which complies with this section, and shall have the right to present proposals relative to salaries and other conditions of employment by representatives of their own choosing. No such person shall be discharged or discriminated against because of his exercise of such right, nor shall any person or group of persons, directly or indirectly, by intimidation or coercion compel or attempt to compel any firefighter or fireman to join or refrain from joining a labor organization. (Acts 1967, No. 229, p. 598.)
TITLE 25. INDUSTRIAL RELATIONS AND LABOR
CHAPTER 7. LABOR UNIONS AND LABOR RELATIONS
ARTICLE I. GENERAL PROVISIONS
§ 25-7-1. Declaration of Policy.
The right to live involves the right to work. The public and working men and women must be protected. The activities of labor organizations affect the social and economic conditions of the state and the welfare of its citizens. It is declared to be the policy of this state, in the exercise of its police power and in the protection of the public interest, to promote voluntary and peaceful settlement and adjustment of labor disputes and to regulate the activities and affairs of labor organizations, their officers, agents and other representatives in the manner and to the extent provided in this article. (Enacted 1943.)
§ 25-7-2. Definitions.
When used in this article, the terms defined in this section shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated:
(1) LABOR ORGANIZATION or LABOR UNION. Every organization, association, group, union, lodge, local, branch or subdivision thereof, whether incorporated or not, having within its membership employees working in the State of Alabama, organized for the purpose of dealing with employer or employers concerning hours of employment, rates of pay or the tenure or other terms or conditions of employment, but such term or terms shall not include any labor organization or labor union the members of which are subject to the Act of Congress known as the Railway Labor Act.
* * * * (Enacted 1943.)
§ 25-7-3. Construction of article.
Except as otherwise specifically provided in this article, nothing contained in this article shall be construed to interfere with or impede or diminish in any way the right to strike or the right to individuals to work, nor shall anything in this chapter be construed so as to invade unlawfully the right to freedom of speech. (Enacted 1943.)
§ 25-7-6. Freedom to join or refrain from joining labor organizations.
Every person shall be free to join or to refrain from joining any labor organization, except as otherwise provided in Section 25-7-13, and, in the exercise of such freedom, shall be free from interference by force, coercion or intimidation, by threats of force or coercion or by the intimidation of or injury to his family. (Enacted 1943.)
§ 25-7-9. Interference, etc., with peaceable exercise of lawful industry, business, etc.
Any person who, by force or threats of violence to person or property, or who, by any means of duress prevents, or seeks to prevent, another from doing work or furnishing materials or from contracting to do work or furnish materials for or to any person engaged in any lawful business, or who disturbs, interferes with or prevents, or in any manner attempts to prevent the peaceable exercise of any lawful industry, business or calling by any other person shall, on conviction, be fined not less than $10.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months. (Enacted 1886.)
§ 25-7-12. Collection, etc., by labor organization, etc., of fee, etc., as work permit or condition of work.
It shall be unlawful for any labor organization, any labor organizer, any officer, agent, representative or member of any labor organization or any other person to collect, receive or demand, directly or indirectly, from any person, any fee, assessment or sum of money whatsoever, as a work permit or as a condition for the privilege of work; provided, however, this shall not prevent the collection of initiation fees or dues. (Enacted 1943.)
§ 25-7-13. Membership of executive, administrative, etc., employees in labor organizations. . . .
It shall be unlawful for any executive, administrative, professional or supervisory employee to be a member in, or to be accepted for membership by, any labor organization, the constitution and bylaws of which permit membership to employees other than those in executive, administrative, professional or supervisory capacities or which is affiliated with any labor organization which permits membership to employees other than those in an executive, administrative, professional or supervisory capacity. . . . (Enacted 1943.)
§ 25-7-16. Penalty for violations of article.
If any labor organization violates any provision of this article, it shall be penalized civilly in a sum not exceeding $1,000.00 for each such violation, to be recovered as a penalty in the circuit court of the county in which the violation occurred, the action being brought in the name of the State of Alabama by the district attorney of the circuit in which the violation occurred, and it shall be the duty of the district attorney of any circuit in which any such violation occurs to institute and prosecute such action. The doing of any act forbidden or declared unlawful by the provisions of this article, except where a penalty is specifically provided in this article, or the commission of any offense declared in this article to be a misdemeanor shall constitute a misdemeanor and shall be punishable by a fine not exceeding $500.00, by imprisonment at hard labor for not more than 12 months, or by both. (Enacted 1943.)
TITLE 25. INDUSTRIAL RELATIONS AND LABOR
CHAPTER 7. LABOR UNIONS AND LABOR RELATIONS
ARTICLE II. RIGHT TO WORK
§ 25-7-30. Declaration of policy.
It is hereby declared to be the public policy of Alabama that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization. (Enacted August 28, 1953.)
§ 25.7-31. Agreement or combination to deny right to work on account of membership or nonmembership in labor union, etc., prohibited.
Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy. (Enacted August 28, 1953.)
§ 25-7-32. Employers not to require union membership as condition of employment, etc.
No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment. (Enacted August 28, 1953.)
§ 25-7-33. Employers not to require abstention from union membership as condition of employment, etc.
No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. (Enacted August 28, 1953.)
§ 25-7-34. Employer not to require payment of union dues, etc., as condition of employment, etc.
No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to any labor union or labor organization. (Enacted August 28, 1953.)
§ 25-7-35. Right of action for damages for denial of employment in violation of provisions of article.
Any person who may be denied employment or be deprived of continuation of his employment in violation of sections 25-7-32, 25-7-33 or 25-7-34 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him by appropriate action in the courts of this state such damages as he may have sustained by reason of such denial or deprivation of employment. (Enacted August 28, 1953.)
