Mississippi Code
Miss. Code Ann. § 71-1-47 (2026)
Denial or abridgment of work
✓ current as of July 2026
It is hereby declared to be the public policy of Mississippi that the right of a person or persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization:
- (a) Any agreement or combination between any employer and any labor union or labor organization whereby any person not a member of such union or organization shall be denied the right to work for an 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 an illegal combination or conspiracy and against public policy.
- (b) No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.
- (c) No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment.
- (d) No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization.
- (e) Any person who may be denied employment or be deprived of continuation of his employment in violation of any paragraph of this section shall be entitled to recover from such employer and from any other person, firm, corporation, or association acting in concert with him, by appropriate action in the courts of this state, such actual damages as he may have sustained by reason of such denial or deprivation of employment.
- (f) The provisions of this section shall not apply to any lawful contract now in force, but they shall apply to all contracts hereafter entered into and to any renewal or extension of an existing contract hereafter occurring.
- (g) The provisions of this section shall not apply to any employer or employee under the jurisdiction of the Federal Railway Labor Act.
Codes, 1942, § 6984.5; Laws, 1954, ch. 249, §§ 1, 2.
Notes of Decisions
Cited in 10
cases, 1974–2016 · leading case: MacKenzie v. Local 624, Int'l Union of Operating Engineers, 472 F. Supp. 1025 (N.D. Miss. 1979).
MacKenzie v. Local 624, Int'l Union of Operating Engineers, 472 F. Supp. 1025 (N.D. Miss. 1979). “§ 164 (b) and Mississippi’s “right to work” law, Miss. Code Ann. § 71-1-47 (1972). Defendants contend that plaintiff’s allegation that defendants have discriminated against him by refusing to refer him for work because he is not a member of the union, actually constitutes a…”
Simms v. Local 1752, Int'l Longshoremen Ass'n, 838 F.3d 613 (5th Cir. 2016). “§ 164 (b), allows enforcement of Mississippi’s right to work law, Miss. Code Ann. § 71-1-47 , 1 thereby precluding the assessment of hiring hall fees to Simms.”
Master Builders of Iowa, Inc. v. Polk Cnty., 653 N.W.2d 382 (Iowa 2002). “2002); Miss. Code Ann. § 71-1-47 (1999); Neb.Rev.”
Mobil Oil Corp. v. Oil, Chem. & Atomic Workers Int'l Union, Aflcio, 504 F.2d 272 (5th Cir. 1974). “54-901 to 54-909 (1961); Miss.Code Ann. 71-1-47 (1972); Vernon's Tex.”
Am. Fed'n of State, Cnty. & Mun. Employees v. City of Phoenix, 142 P.3d 234 (Ariz. Ct. App. 2006). “VII, § 198-A; Miss.Code Ann. § 71-1-47). As we have acknowledged, however, Florida's constitution and statutes had no such explicit provisions.”
Int'l Union of the United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Indus., Local Unions Nos. 141, 229, 681, & 706 v. Nat'l Labor Relations Bd., 675 F.2d 1257 (D.C. Cir. 1982). “VII and § 198-A and Miss. Code Ann. § 71-1-47 provide that “No employer shall require any person, as a condition of employment or continuation of employment to pay any dues, fees or other charges of any kind to any labor union or labor organization.”
Branch v. City of Myrtle Beach, 505 S.E.2d 925 (S.C. Ct. App. 1998). “7, § 198-A (1960); Miss.Code Ann. § 71-1-47(b), (c) (1995); Neb.”
Patrick Simms v. Intl Longshoremen Assn (5th Cir. 2016). “§ 164 (b), allows enforcement of Mississippi’s right to work law, Miss. Code Ann. § 71-1-47 , 1 thereby 1While Local 1752 argued in the district court that Mississippi’s right to work law did not apply to hiring hall fees regardless of federal preemption, Local 1752 does not…”
State Ex Rel. Pub. Disclosure Comm. v. Wea, 130 P.3d 352 (Wash. 2006). “§§ 23:981 to 23:985 (West 1998); Miss.Code Ann. § 71-1-47 (1995); Neb.Rev.”
State ex rel. Pub. Disclosure Comm'n v. Washington Educ. Ass'n, 156 Wash. 2d 543 (Wash. 2006). “§§ 23:981 to 23:985 (West 1998); Miss. Code Ann. § 71-1-47 (1995); Neb. Rev.”
— Miss. Code Ann. § 71-1-47(b) — 1 case
Branch v. City of Myrtle Beach, 505 S.E.2d 925 (S.C. Ct. App. 1998). “7, § 198-A (1960); Miss.Code Ann. § 71-1-47(b), (c) (1995); Neb.”
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