North Carolina § 95-79 - Certain agreements declared illegal.

§ 95-79. Certain agreements declared illegal.

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. 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. History (1947, c. 328, s. 2; 2013-413, s. 15; 2014-115, s. 17; 2017-108, s. 20.5(a).) Editor's Note. - Session Laws 2017-108, s. 20.5(b), made the amendment to subsection (b) by Session Laws 2017-108, s. 20.5(a), effective July 12, 2017, and applicable to agreements and settlements entered into, renewed, or extended on or after that date. Session Laws 2017-108, s. 21, is a severability clause. Effect of Amendments. - Session Laws 2013-413, s. 15, designated the formerly undesignated provisions of this section as present subsection (a); and added subsection (b). For effective date, see Editor's note. Session Laws 2017-108, s. 20.5(a), in subsection (b), inserted "or the terms of an agreement not to sue or settle litigation" in the first sentence and added the second sentence; and made stylistic changes. For effective date and applicability, see editor's note.