Previous | Next

§ 12. Membership or nonmembership in labor organizations. No person shall be denied the opportunity to obtain or retain employment because of membership or nonmembership in any labor organization, nor shall the state or any subdivision thereof, or any individual, corporation, or any kind of association enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of membership or nonmembership in any labor organization.

History: L. 1957, ch. 235, § 1; November 4, 1958.

Cross References to Related Sections:

Civil remedies for violations of this amendment, see 44-831.

Law Review and Bar Journal References:

Self-executing features and barring of compulsory unionism discussed, Leonard F. Banowetz, 27 J.B.A.K. 207 (1958).

Analyzed in detail in article on the right to work amendment, Dan Hopson, Jr., 8 K.L.R. 18, passim (1959).

Agency shop prohibition discussed in comment, 1 W.L.J. 299 (1961).

Remedies mentioned in panel discussion, 31 J.B.A.K. 208 (1962).

Discussed in note on labor law and state court damages under tort theory for alleged unfair labor practice, 11 K.L.R. 165, 167 (1962).

Free Riders and the Agency Shop, Andrew S. Hartnett II, 5 W.L.J. 249, 253, 257, 259 (1966).

Labor Law: Expansion of State Court Jurisdiction in Labor-Management Controversies, Louis M. Clothier, 19 W.L.J. 182, 183 (1979).

The Kansas Public Employer-Employee Relations Law, Raymond Goetz, 28 K.L.R. 243, 244 (1980).

Attorney General's Opinions:

Membership or nonmembership in labor organizations. 88-121.

Membership or nonmembership in labor organizations; representation fee; employer and employee relations; rights of employees. 92-42.

State payroll accounting system; payroll deductions for membership dues. 92-117.

CASE ANNOTATIONS

1. Section, by implication, prohibits forced payment of union dues; "agency shop" prohibited; section consistent with federal Labor Management Relations Act. Higgins v. Cardinal Manufacturing Co., 188 Kan. 11, 360 P.2d 456. Certiorari denied: 368 U.S. 829, 82 S. Ct. 51, 7 L.Ed.2d 32.

2. Common law action for damages for intermeddling in the contractual rights of another may be sued in tort and this section aids and fortifies such action. Taylor v. Local Union 101, 189 Kan. 137, 138, 139, 141, 368 P.2d 8.

3. Union forbidden and has no right to urge plaintiff's dismissal from his job because he is not a member. Taylor v. Local Union 101, 189 Kan. 137, 139, 368 P.2d 8.

4. Petition in libel case alleging violation of this section to be libel per se considered; held within fair editorial comment. Local Union No. 795 v. Kansans for the Right to Work, 189 Kan. 115, 121, 125, 368 P.2d 308.

5. Cited; case concerning labor relations. Johnson Builders, Inc. v. United Bro. of C. & J., Loc. U. No. 1095, 422 F.2d 137, 139, 141.

6. Alleged violation in discharging union members not supported by record; mandamus not proper remedy. Armstrong v. City of Salina, 211 Kan. 333, 334, 336, 337, 339, 507 P.2d 323.

7. State courts have primary jurisdiction with federal courts under Labor Management Relations Act of 1947 concerning secondary boycotts. Collier v. Operating Engineers Local Union No. 101, 228 Kan. 52, 61, 62, 612 P.2d 150.

8. Cited; discharge of probationary employee in retaliation for reporting employer's illegal practices as actionable tort examined. Palmer v. Brown, 242 Kan. 893, 896, P.2d (1988).