Arizona Unions laws & HR compliance analysis

Arizona Unions: What you need to know

The right of workers in private employment to form unions and bargain collectively with their employers is guaranteed by the National Labor Relations Act (NLRA) and related federal laws. The NLRA is preemptive, meaning that it supersedes state law in the areas that it covers. However, in areas not covered by the NLRA, such as the rights of public employees and the rights of private employees who are not engaged in interstate commerce, the states are free to make their own provisions.
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Like many states, Arizona has no comprehensive labor relations law of its own. The federal protections are the governing law of the state for private employees engaged in interstate commerce. There is additional information on these protections. The following is a discussion of certain provisions of Arizona law regarding the rights of employees not covered by the NLRA.
Under the NLRA, states are permitted to pass laws--commonly known as “right-to-work” laws--protecting the right of employees to join or not to join a union. Like many states, Arizona has such a law. The Arizona law makes it illegal to fire an employee or deny a person a job because of membership or nonmembership in a labor union. It is also unlawful to force a worker, as a condition of employment, to authorize a payroll deduction for union dues. Union contracts calling for closed shops (in which only union members may be hired) and union shops (in which new hires must join the union within some specified period of time) are void and unenforceable under the right-to-work law (AZ Const. Art. XXV; AZ Rev. Stat. Sec. 23-1301et seq.).
"Fair share" fees. Compulsory fair share agreements are not permissible under Arizona's right-to-work laws (American ...

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