Mississippi Unions laws & HR compliance analysis

Mississippi Unions: What you need to know

The state has relatively little say in the regulation of labor unions. This is because most of the protections given to labor organizations are contained in the National Labor Relations Act (NLRA), a federal law. This law is preemptive, meaning that it overrides state law in the areas it covers, which include almost all types of private employment. However, in the areas it does not cover, such as the rights of farmworkers and public employees, states are free to make their own provisions.
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The federal labor law leaves to the states all questions involving the unionization of public employees. Public employees, including teachers, in Mississippi do not have the right to strike (MS Code Sec. 25-1-105, Sec. 37-9-75).
Another area that has been left to the states is the protection of a worker's right to join or not to join a union. In Mississippi, the state constitution guarantees its citizens the right to work regardless of whether they are members of a union (MS Const. Art. 7 Sec. 198A). The state also has a “right-to-work” law prohibiting union security provisions. The practical effect of this law is to ban union contracts calling for closed shops (in which only union members may be hired), union shops (in which new hires must join the union within a specified period of time), and agency shops (in which employees must join the union or pay an amount in lieu of union dues to cover the cost of the union's representation services). The law does not apply to any employer or employee covered by the Federal Railway Labor Act (MS Code Sec. 71-1-47).
Conspiracy to prevent employment. It is a crime in Mississippi for two or more people to conspire to use violence at the location of ...

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