LABOR CODE
TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
CHAPTER 101. LABOR ORGANIZATIONS
SUBCHAPTER A. RIGHTS OF WORKING PERSONS
§ 101.001. RIGHT TO ORGANIZE. All persons engaged in
any kind of labor may associate and form trade unions and other
organizations to protect themselves in their personal labor in
their respective employment.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING
EMPLOYMENT. (a) A person by peaceful and lawful means may induce
or attempt to induce another to:
(1) enter or refuse to enter a particular employment;
or
(2) quit a particular employment in which the other
person is then engaged.
(b) A member of a trade union or other organization may not
enter the premises of another without the consent of the owner of
the premises.
(c) This section does not apply to an association formed, an
act taken, or an agreement made:
(1) to limit the production, transportation, use, or
consumption of labor's products; or
(2) that creates a trust or conspiracy in restraint of
trade under the laws of this state.
(d) Subsection (c) does not interfere with the terms of a
private contract between an employer and an employee with regard to
the time of service or other stipulations.
(e) Subsection (c) may not be construed as repealing or
affecting a statute on trusts, conspiracies against trade, pools,
or monopolies.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.003. RIGHT TO BARGAIN. A person's inherent right
to work and to bargain freely with the person's employer,
individually or collectively, for terms of the person's employment
may not be denied or infringed by law or by any organization.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM
EMPLOYEE'S COMPENSATION VOID WITHOUT EMPLOYEE'S CONSENT. A
contract that permits or requires the retention of part of an
employee's compensation to pay dues or assessments on the
employee's part to a labor union is void unless the employee
delivers to the employer the employee's written consent to the
retention of those sums.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. RIGHT TO WORK
§ 101.051. DEFINITION. In this subchapter, "labor
union" means an incorporated or unincorporated association, group,
union, lodge, local, branch, or subordinate organization of a union
of working persons organized and existing to protect those persons
and to improve their working conditions, wages, or employment
relationships, but does not include an organization not commonly
regarded as a labor union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR UNION
MEMBERSHIP PROHIBITED. A person may not be denied employment based
on membership or nonmembership in a labor union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION
MEMBERSHIP VOID. A contract is void if it requires that, to work
for an employer, employees or applicants for employment:
(1) must be or may not be members of a labor union; or
(2) must remain or may not remain members of a labor
union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. REGULATION OF LABOR UNIONS
§ 101.101. DEFINITIONS. In this subchapter:
(1) "Enforcement officer" means the attorney general,
district attorney, or county attorney.
(2) "Labor organizer" means a person who for a
financial consideration solicits membership in a labor union or
members for a labor union.
(3) "Labor union" means an incorporated or
unincorporated association, group, union, lodge, local, branch, or
subordinate organization of a union of working persons organized
and existing to protect those persons and to improve their working
conditions, wages, or employment relationships, but does not
include an organization not commonly regarded as a labor union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.102. LEGISLATIVE FINDINGS; POLICY. (a) The
legislature finds that because the activities of labor unions
affect the economic conditions of the country and the state by
entering into almost all business and industrial enterprises, labor
unions affect the public interest and are charged with a public use.
(b) Workers must be protected without regard to whether they
are unionized. The right to work is the right to live.
(c) The policy of this state, in the exercise of its
sovereign constitutional police power, is to regulate the
activities and affairs of labor unions and officers, agents,
organizers, and representatives of labor unions, as provided by
this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.103. LIBERAL CONSTRUCTION. (a) This subchapter
shall be liberally construed to:
(1) achieve the purposes provided by Section 101.102;
and
(2) protect the rights of working persons to work and
to organize for their mutual benefit in connection with their work.
(b) This subchapter may not be construed to deny the free
rights of assembling, bargaining, and petitioning, orally or in
writing, regarding a matter affecting labor or employment.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS,
ORGANIZERS, AND REPRESENTATIVES. (a) An officer, agent,
organizer, or representative of a labor union must be elected by
secret ballot and by majority vote of the members present and
participating, except as provided by Subsections (b) and (c) and
Section 101.108.
(b) A labor union may require more than a majority vote for
the election of an officer, agent, organizer, or representative.
(c) A labor union may take a vote of the entire membership
for an officer, agent, organizer, or representative by mailed
ballots.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS,
ORGANIZERS, AND REPRESENTATIVES. An election for labor union
officers, agents, organizers, and representatives must be held at
least once each year, except as provided by Section 101.108.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.106. NOTICE OF ELECTION. Except as provided by
Section 101.108, a labor union shall give members at least seven
days' notice of an election under Section 101.105. The notice must
be given in the manner most convenient to the union by:
(1) written or printed notice mailed to the member's
last known address;
(2) posting notice in a place public to the
membership; or
(3) announcement at a regular stated meeting of the
union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.107. RESULTS OF ELECTION. The results of an
election held under Section 101.105 shall be determined and
declared by the president and the secretary at the time in the
presence of the members or delegates participating, except as
provided by Section 101.108.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.108. CERTAIN UNIONS EXCEPTED. Sections
101.104-101.107 do not apply to a union that:
(1) under its constitution, bylaws, or other
organization rules, held its elections for officers and
representatives every three years or every four years, for the four
years ending August 10, 1943; and
(2) charged members an initiation fee of $10 or less,
for the 10 years ending August 10, 1943.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING
OFFICE. (a) A person may not serve as a labor union officer or as
a labor organizer if the person:
(1) is an alien; or
(2) has been convicted of a felony.
(b) Subsection (a) does not apply to a person who has been
convicted of a felony and whose rights of citizenship have been
fully restored.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD. (a) A
labor organizer operating in this state must apply in writing for an
organizer's card before soliciting members for the organizer's
organization.
(b) An application for an organizer's card must:
(1) be filed with the secretary of state by mail or in
person;
(2) state the applicant's full name and labor union
affiliations, if any;
(3) describe the applicant's credentials;
(4) be accompanied by a copy of the applicant's
credentials; and
(5) be signed by the applicant.
(c) On the filing of an application for an organizer's card,
the secretary of state shall issue the applicant a card containing:
(1) the applicant's name;
(2) the applicant's union affiliation;
(3) a space for the applicant's signature;
(4) the designation "labor organizer"; and
(5) the secretary of state's signature, dated and
attested by the state seal.
(d) A labor organizer shall:
(1) carry the card issued under Subsection (c)
whenever the organizer is soliciting members; and
(2) exhibit the card on request of a person being
solicited for membership.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.21(a), eff. Sept. 1, 1995.
§ 101.111. FEE FOR PRIVILEGE TO WORK PROHIBITED. (a) A
labor union, a labor organizer, or an officer, member, agent, or
representative of a labor union may not collect, receive, or
demand, directly or indirectly, a fee as a work permit or as a
condition for the privilege to work from a person who is not a
member of the union.
(b) Subsection (a) does not prevent the collection of an
initiation fee as provided by Section 101.113.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.112. EXCESSIVE FEES PROHIBITED. (a) A labor
union or an officer, agent, or member of a labor union may not
charge or receive initiation fees, dues, fines, or other
assessments to create a fund that exceeds the reasonable
requirements of the union in carrying out its lawful purposes or
activities, if the fees, dues, fines, or other assessments create
an undue hardship on an applicant for initiation to the union or on
union members.
(b) Subsection (a) may not be construed to prevent dues or
other assessments:
(1) for a purpose that is beneficial to union members
according to established practice, including the maintenance or
investment of funds for those beneficial purposes;
(2) if the members who contribute share in or may
reasonably expect to share in the benefits, for:
(A) old age benefits;
(B) death and burial benefits;
(C) hospitalization, unemployment, health and
accident, retirement, or other forms of mutual insurance;
(D) legislative representation;
(E) a grievance committee;
(F) gifts, floral offerings, or other charitable
purposes; or
(G) any other legitimate purpose; or
(3) for placement in a fund to be used by the union in
paying its members while they are on strike, if:
(A) initiation fees are not placed in the fund;
and
(B) the fund remains under the members' control.
(c) This section shall be liberally construed to prevent
excessive initiation fees.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.113. ADVANCE FEES. (a) On payment in full by an
applicant for labor union membership of all initiation fees or dues
regularly assessed by the union, the union shall:
(1) elect the applicant to membership; or
(2) immediately return in full the money paid by the
applicant.
(b) On election of an applicant to labor union membership,
advance fees paid by the applicant may be used by the union for the
purposes for which the fees were advanced.
(c) A labor union or an officer, agent, or member of a labor
union shall collect all fees in good faith. A labor union may not
elect a person to membership merely to obtain the person's
initiation fee.
(d) A labor union may not collect an initiation fee from a
member and then discharge or suspend the member, or cause the
member's employer to discharge the member, without reasonable and
just cause.
(e) A labor union that violates Subsection (d) is subject to
the civil penalty provided by Section 101.121.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.114. FEE RECEIPT REQUIRED. A labor organizer or
an officer, agent, or member of a labor union may not collect a fee,
dues, or other sum in connection with membership in a labor union
from a person without giving the person at that time a receipt that:
(1) is signed by the labor organizer, officer, agent,
or member; and
(2) states that the sum of money received is to be:
(A) delivered to the labor union; and
(B) held intact until the person has been elected
and has become a bona fide voting member of the union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.115. CONSTRUCTION OF FEE RESTRICTIONS. Sections
101.111, 101.113, and 101.114 may not be construed as preventing
any type of bargaining agreement or limiting the bargaining power
of a labor union.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.116. MEMBER IN ARMED FORCES. A union member who,
because of service with the United States armed forces, has been
unable to pay any dues or assessment levied by a union to which the
member belonged may not be required to make the back payments as a
condition to reinstatement in good standing as a member.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP
REQUIRED. A labor union may not refuse to give a person desiring
membership in the union a reasonable time after obtaining the
promise of employment in which to decide whether to join the union
as a condition of employment.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.118. EXPULSION OF MEMBER. (a) A labor union may
not expel a union member without:
(1) good cause; and
(2) a fair and public hearing by and within the
organization, after due notice and an opportunity to be heard on the
specific charges alleged.
(b) On the petition of a member expelled from a labor
organization, a court of competent jurisdiction shall order the
reinstatement of the member if the member was expelled without good
cause.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.119. RECORDS. (a) Each labor union in this state
shall keep accurate books of accounts that:
(1) itemize each receipt from any source;
(2) itemize each expenditure for any purpose; and
(3) state the source of each receipt and the purpose of
each expenditure.
(b) A member of a labor union is entitled to inspect the
books, records, and accounts of the union at any reasonable time.
(c) The attorney general, or, subject to the attorney
general's approval, a district attorney or county attorney, is
entitled to inspect on demand the books, records, and accounts of a
labor union at any reasonable time.
(d) The books, records, and accounts of a labor union are
open to grand juries and judicial and quasi-judicial inquiries in
legal proceedings.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.120. REPORTS. A labor union required to file
reports with the United States Secretary of Labor under Section
201, Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. Section 431) or a successor statute shall file a copy of each
report with the secretary of state not later than the 30th day after
the date the report was filed with the secretary of labor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.121. CIVIL PENALTY. A labor union that violates a
provision of this subchapter is liable for a civil penalty not to
exceed $1,000 for each violation. The civil penalty may be
recovered in the name of the state, acting through an enforcement
officer, in a court of competent jurisdiction.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.122. ENFORCEMENT BY CIVIL PROCESS. (a) A
district court has jurisdiction, on the application of the state
acting through an enforcement officer, to issue a restraining
order, a temporary or permanent injunction, or any other writ or
process appropriate to enforce this subchapter.
(b) A proceeding under Subsection (a) shall be instituted,
prosecuted, and tried in the same manner as another civil case of a
similar nature in the district court.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.123. OFFENSE; PENALTY. (a) A labor union
officer or a labor organizer commits an offense if the person
violates a provision of this subchapter.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not more than $500;
(2) confinement in the county jail for not more than 60
days; or
(3) both the fine and confinement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.124. ENFORCEMENT OFFICERS. The attorney general,
and each district attorney and county attorney, within the
attorney's respective jurisdiction, shall:
(1) prosecute all criminal proceedings under this
subchapter; and
(2) institute and maintain all civil proceedings under
this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. PICKETING
§ 101.151. DEFINITION. In this subchapter, "picketing"
includes the stationing of a person for an organization to:
(1) induce anyone not to enter the premises being
picketed;
(2) observe the premises being picketed to ascertain
who enters or patronizes the premises; or
(3) follow employees or patrons of the premises being
picketed to or from those premises to observe them or to attempt to
dissuade them from entering or patronizing the premises.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.152. MASS PICKETING PROHIBITED. (a) A person
may not engage in any form of picketing activity in which a picket
constitutes any character of obstacle to the free ingress to and
egress from an entrance to any premises, either by obstructing the
free ingress and egress with the person's body or by placing a
vehicle or other physical obstruction.
(b) In this section, "picket" includes a person:
(1) stationed by or acting for an organization to:
(A) induce anyone not to enter the premises being
picketed; or
(B) observe the premises being picketed to
ascertain who enters or patronizes the premises; or
(2) who follows employees or patrons of the premises
being picketed to or from those premises to observe them or to
attempt to dissuade them from entering or patronizing the premises.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.153. USE OF INSULTING, THREATENING, OR OBSCENE
LANGUAGE PROHIBITED. A person may not, by use of insulting,
threatening, or obscene language, interfere with or intimidate or
seek to interfere with or intimidate another:
(1) in the exercise of the other person's lawful right
to work or to enter on the performance of a lawful vocation; or
(2) from freely entering or leaving any premises.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR
AGREEMENT PROHIBITED. A person may not engage in picketing the
purpose of which, directly or indirectly, is to secure the
disregard or breach of a valid existing labor agreement arrived at
between an employer and the representatives:
(1) designated by the employees for the purpose of
collective bargaining; or
(2) certified as the bargaining unit under the
National Labor Relations Act (29 U.S.C. Section 151 et seq.).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF
ENJOINED PICKETING PROHIBITED. A person may not declare or
publicize the continued existence of actual or constructive
picketing at a point or directed against a premises after a court of
competent jurisdiction has enjoined the continuation of that
picketing at that point or premises.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.156. OFFENSE; PENALTY. (a) A person commits an
offense if the person violates Section 101.152, 101.153, 101.154,
or 101.155. Each separate act of violation constitutes a separate
offense.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not less than $25 nor more than $500;
(2) confinement in jail for not more than 90 days; or
(3) both the fine and confinement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. SECONDARY PICKETING
§ 101.201. SECONDARY PICKETING PROHIBITED. (a) A
person may not establish, call, participate in, or aid picketing at
or near the premises of an employer with whom a labor dispute does
not exist.
(b) In this section:
(1) "Employee" includes any person working for another
for hire in this state, but does not include an independent
contractor.
(2) "Employer" means any person who engages the
services of an employee.
(3) "Labor dispute" means a controversy concerning
wages, hours, or conditions of employment between an employer and
employees. A controversy is not a labor dispute if the employees do
not have a real and substantial economic interest in the work
performed for the employer.
(4) "Picket" includes a person:
(A) stationed by or acting in behalf of an
organization to:
(i) induce anyone not to enter the premises
being picketed;
(ii) apprise the public by signs or other
means of the existence of a labor dispute at or near the premises
being picketed; or
(iii) observe the premises being picketed
to ascertain who enters or patronizes the premises; or
(B) who follows employees or patrons of the
premises being picketed to or from those premises to observe them or
to attempt to dissuade them from entering or patronizing the
premises.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.202. OFFENSE; PENALTY. (a) A person commits an
offense if the person violates any provision of this subchapter.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not more than $500;
(2) confinement in the county jail for not more than
six months; or
(3) both the fine and confinement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.203. CIVIL LIABILITY. (a) A person who violates
any provision of this subchapter is liable to a person damaged by
the violation for the damages resulting from the violation.
(b) A person damaged by a violation of this subchapter may
maintain an action to redress the damage and may obtain injunctive
relief.
(c) An association or labor union that represents or
purports to represent a person who violates any provision of this
subchapter is jointly and severally liable with the person for the
damages resulting from the violation.
(d) In this section, "labor union" means any incorporated or
unincorporated association, group, union, national or local,
branch, or subordinate organization of a union of working persons
organized and existing in part to protect those persons and to
improve their working conditions, wages, or employment
relationships and includes the local, state, national, and
international affiliates of those organizations.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.204. ENFORCEMENT. The state, acting through the
attorney general or a district attorney or county attorney, may
institute a suit in district court to enjoin a person from violating
this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.205. VENUE. Venue for a suit or cause of action
arising under this subchapter is in:
(1) the county in which the violation is alleged to
have occurred;
(2) the county in which the defendant resides; or
(3) if there are two or more defendants, a county in
which any defendant resides.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER F. LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
§ 101.251. DEFINITIONS. In this subchapter:
(1) "Labor organization" means any organization in
which employees participate and that exists in whole or in part to
deal with one or more employers concerning grievances, labor
disputes, wages, hours of employment, or working conditions.
(2) "Picketing" includes the stationing of a person
for an organization to:
(A) induce anyone not to enter the premises being
picketed;
(B) apprise the public by signs or other means of
the existence of a dispute;
(C) observe the premises being picketed to
ascertain who enters or patronizes the premises; or
(D) follow employees or patrons of the premises
being picketed to or from those premises to observe them or to
attempt to dissuade them from entering or patronizing the premises.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 101.252. LIABILITY OF LABOR ORGANIZATION. A labor
organization whose members picket or strike against a person is
liable for damages for a loss resulting to the person because of the
picketing or strike if a court of competent jurisdiction holds that
the picketing or strike is a breach of contract.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER G. INTERFERENCE WITH RIGHT TO WORK
§ 101.301. INTERFERENCE WITH RIGHT TO WORK;
LIABILITY. (a) The right of a person to work may not be denied or
abridged because of membership or nonmembership in a labor union or
other labor organization.
(b) In the exercise of the right to work, each person shall
be free from threats, force, intimidation, or coercion.
(c) A person who violates this subchapter is liable to a
person who suffers from that violation for all resulting damages.
Added by Acts 1995, 74th Leg., ch. 76, § 9.22, eff. Sept. 1,
1995.
§ 101.302. INJUNCTIVE RELIEF. (a) The attorney
general or a district or county attorney may bring an action in
district court to enjoin a violation of this subchapter.
(b) The district courts shall grant injunctive relief when a
violation of this subchapter is made apparent.
Added by Acts 1995, 74th Leg., ch. 76, § 9.22, eff. Sept. 1,
1995.
§ 101.303. ASSIGNMENT OF DISTRICT JUDGE. Not later than
the second day after the receipt of notice of institution of a cause
of action under this subchapter, a party to the cause of action may
apply to the presiding judge of the administrative judicial region
within which the action is brought. The presiding judge shall
immediately assign a district judge from within the administrative
judicial region who shall hear all proceedings in the cause of
action.
Added by Acts 1995, 74th Leg., ch. 76, § 9.22, eff. Sept. 1,
1995.
