N.C. Gen. Stat. » Chapter 95
NC General Statutes

N.C. Gen. Stat. § 95-79 (2026)

Certain agreements declared illegal

✓ current as of July 2026
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(a) 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.

(b) 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. (1947, c. 328, s. 2; 2013-413, s. 15; 2014-115, s. 17; 2017-108, s. 20.5(a).)

 

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1950–2022 · leading case: Farm Labor Org. Comm. v. Joshua Stein, 56 F.4th 339 (4th Cir. 2022).
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Farm Labor Org. Comm. v. Joshua Stein, 56 F.4th 339 (4th Cir. 2022). · cites it 5× “8 USCA4 Appeal: 21-1499 Doc: 92 Filed: 12/28/2022 Pg: 9 of 26 N.C. Gen. Stat. § 95-79 (b) (emphasis added).”
In Re the Receivership of Port Publ'g Co., 57 S.E.2d 366 (N.C. 1950). · cites it 2× “Chapter 328, 1947 Session Laws of North Carolina, G.S. 95-79 to 95-84; S. v. Whitaker, 228 N.”
Poole & Kent Corp. v. C. E. Thurston & Sons, Inc., 209 S.E.2d 450 (N.C. 1974). · cites it 2× “At the time the critical events in this case occurred, North Carolina Statutes G.S. 95-79, G.S. 95-80 and G.S. 95-81 were in effect.”
Farm Labor Org. Comm. v. Roy Cooper (M.D.N.C. 2021). · cites it 25× “Session Law 2017-108, and codified at N.C. Gen. Stat. § 95-79 (b), is identified by the underlined text below: Any provision that directly or indirectly conditions the purchase of agricultural products, the terms of an agreement for the purchase of 4 agricultural products, or…”
Douglas Aircraft Co. v. Local Union 379 of Int'l Bhd. of Elec. Workers, 101 S.E.2d 800 (N.C. 1958). “2 of the Act (G.S. 95-79) provides : “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…”
Farm Labor Org. Comm. v. Joshua Stein (4th Cir. 2022). · cites it 5× “8 USCA4 Appeal: 21-1541 Doc: 81 Filed: 12/28/2022 Pg: 9 of 26 N.C. Gen. Stat. § 95-79 (b) (emphasis added).”
Poole & Kent Corp. v. C. E. Thurston & Sons, Inc., 203 S.E.2d 74 (N.C. Ct. App. 1974). “Plaintiff’s contention that the Right to Work Law is not applicable because the contract between the parties is not of the type declared illegal by G.S. 95-79, simply ignores the other sections of the statute noted above and involves a too restrictive application of the public…”
N.C. Gen. Stat. § 95-79(b): 1 case
Farm Labor Org. Comm. v. Roy Cooper (M.D.N.C. 2021). “Session Law 2017-108, and codified at N.C. Gen. Stat. § 95-79 (b), is identified by the underlined text below: Any provision that directly or indirectly conditions the purchase of agricultural products, the terms of an agreement for the purchase of 4 agricultural products, or…”
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