Ark. Code Ann. § 11-3-303 (2026)
Union affiliation or nonaffiliation not to be condition of employment
No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with a labor union, nor shall any person, unless he or she shall voluntarily consent in writing to do so, be compelled to pay dues or any other monetary consideration to any labor organization as a prerequisite to, condition of, or continuance of employment.
History. Acts 1947, No. 101, § 2; A.S.A. 1947, § 81-202.
Research References
U. Ark. Little Rock L.J.
Survey of Arkansas Law, Labor Law, 1 U. Ark. Little Rock L.J. 217.
Case Notes
In General.
Where the requirement of union membership as a condition of employment in a wage agreement is limited to the extent and manner permitted by law, such wage agreement is valid. Lewis v. Hixson, 174 F. Supp. 241 (W.D. Ark. 1959).
Affiliate.
This section applies not only to persons who are not members of a labor union but also to persons who fail or refuse to affiliate with a labor union. Kaiser v. Price-Fewell, Inc., 235 Ark. 295, 359 S.W.2d 449 (1962), cert. denied, 371 U.S. 955, 83 S. Ct. 511, 9 L. Ed. 2d 501 (1963).
The word “affiliate” is not used in the same sense as the word “join”; otherwise the General Assembly would not have used the two words in the same sentence. Kaiser v. Price-Fewell, Inc., 235 Ark. 295, 359 S.W.2d 449 (1962), cert. denied, 371 U.S. 955, 83 S. Ct. 511, 9 L. Ed. 2d 501 (1963).
Exclusive Arrangement.
Arrangement which made the register of applicants the exclusive source of employees was prohibited by the constitution and the laws of this state because it had the effect of excluding persons from employment who failed to join or affiliate with a union, thus accomplishing by indirection what they were prohibited by law from doing directly. Kaiser v. Price-Fewell, Inc., 235 Ark. 295, 359 S.W.2d 449 (1962), cert. denied, 371 U.S. 955, 83 S. Ct. 511, 9 L. Ed. 2d 501 (1963).
Picketing.
Although picketing was peaceful, where from evidence it was shown that only purpose of picketing was to force appellee to continue a closed shop, picketing was enjoined. Self v. Taylor, 217 Ark. 953, 235 S.W.2d 45 (1950).