Labor organization membership, dues, and fees not required as condition of employment
In Missouri, a person cannot be forced to join a union, pay union dues, or pay any similar fees just to get or keep a job. Any deal between a union and an employer that tries to require this is not legally valid. Someone who breaks this rule can face criminal charges and may have to pay damages to anyone harmed.
Classifications stated in the statute. Actual outcomes vary.
*290.590. membership, , and fees not required as condition of — definitions — violations, — investigation of complaints — inapplicability, when. — 1. As used in this section, the following terms shall mean:
(1) "Employer", any individual, organization, , , , , or other which employs or has employed one or more individuals performing services for the within this state; and
(2) "Labor organization", any organization of any kind or agency, or employee representation committee or union which exists for the purpose in whole or in part of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of .
2. No person shall be required as a condition or continuation of employment to:
(1) Become, remain, or refrain from becoming a member of a labor organization;
(2) Pay any dues, fees, , or other similar charges however denominated of any kind or amount to a labor organization; or
(3) the payments listed under (2) of this , pay to any charity or other any amount equivalent to, or on a basis, any dues, fees, assessments, or other charges required of members of a labor organization.
3. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed under this section is , , and of no legal effect.
4. Any person who violates or directs another to violate any of this section shall be guilty of a .
5. (1) Any person injured as a result of any violation or threatened violation of this section shall be entitled to against any and all violators or persons threatening violations.
(2) Any person injured as a result of any violation or threatened violation of this section may recover any and all of any character resulting from such violation or threatened violation including costs and reasonable . Such shall be of and in addition to the other penalties and remedies prescribed under this section.
6. The or with over the location where a violation or threatened violation of this section occurs or the of this state shall investigate complaints of violation or threatened violation of this section, any person violating this section, and use all means at their command to ensure the effective of this section.
7. This section shall not apply:
(1) To employers and employees covered by the federal Railway Labor Act;
(2) To federal employers and employees;
(3) To employers and employees on federal enclaves;
(4) Where this section conflicts with or is by federal law; or
(5) To any agreement between an employer and a labor organization entered into before August 28, 2017, but shall apply to any such agreement upon its renewal, extension, amendment, or in any respect after August 28, 2017.
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Source & history notes
(L. 2017 S.B. 19, Rejected by Referendum, Proposition A, August 7, 2018) *Revisor's Note: On February 21, 2017, a petition for referendum (Chapter 116, RSMo) on Senate Substitute No. 2 for Senate Bill No. 19 was received by the Secretary of State's Office. On March 28, 2017, the official ballot title was certified by the Secretary of State (Section 116.180, RSMo) and approved for circulation in accordance with Article III, Section 52(a). On August 18, 2017, the Secretary of State's Office received 163 boxes of referendum petitions for Senate Substitute No. 2 for Senate Bill No. 19. On November 22, 2017, the Secretary of State issued a certificate of sufficiency certifying the referendum petition. The referendum petition was to be placed on the November 6, 2018, ballot unless a different date was designated by the General Assembly. The General Assembly, in SCR 49 enacted on May 24, 2018, designated the referendum vote to be held on August 7, 2018. The measure was rejected by referendum, Proposition A, on August 7, 2018.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.