Tennessee § 50-1-901 - Designating an exclusive bargaining representative.

§ 50-1-901. Designating an exclusive bargaining representative.

All employees and employers in this state, when seeking to designate an exclusive bargaining representative through an election permitted by state or federal law, have the right to make such designation by secret ballot, when secret ballot is permitted by such law; under such circumstances, no alternative means of designation shall be used in this state as convincing evidence of employee majority support. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and an employer that violates the rights of employees as guaranteed by this section shall be null and void. This section shall not apply to employee representation agreements: Entered into prior to July 1, 2011; or Involving both employees within and without this state when the employer conducted business within this state prior to July 1, 2011. Acts 2011, ch. 502, § 1. Code Commission Notes. Acts 2011, ch. 502, § 1 purported to enact a new part 7, § 50-1-701 . Part 7 was previously enacted by Acts 2011, ch. 436, § 5; therefore, the enactment by Acts 2011, ch. 502, § 1 was designated as part 9, § 50-1-901 by the code commission. Law Reviews. Does “Why” or “What” Matter: Should Section 302 Apply to Card Check Neutrality Agreements, 45 U. Mem. L. Rev. 249 (2014). Attorney General Opinions. Acts 2011, ch. 502 does not conflict with federal law and is not preempted by federal law; it does not violate the United States Constitution. OAG 11-54, 2011 Tenn. AG LEXIS 56 (7/6/11).