(a) 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 the public policy and an illegal combination or conspiracy
in restraint of trade or commerce in the State of North Carolina.
(b) Any provision that directly or indirectly conditions the purchase of agricultural
products, the terms of an agreement for the purchase of agricultural products, or
the terms of an agreement not to sue or settle litigation upon an agricultural producer's
status as a union or nonunion employer or entry into or refusal to enter into an agreement
with a labor union or labor organization is invalid and unenforceable as against public
policy in restraint of trade or commerce in the State of North Carolina. Further, notwithstanding G.S. 95-25.8, an agreement requiring an agricultural producer to transfer funds to a labor union
or labor organization for the purpose of paying an employee’s membership fee or dues
is invalid and unenforceable against public policy in restraint of trade or commerce
in the State of North Carolina. For purposes of this subsection, the term “agricultural producer” means any producer engaged in any service or activity included within the provisions
of section 3(f) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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