Alabama Employment Law Update – November 2016
Alabama Voters Approve Measure Guaranteeing Right to Work Status
On November 8, 2016, Alabama voters approved a ballot measure (Statewide Amendment 8) solidifying the state’s right-to-work status.
Statewide Amendment 8 (H.B. 37) amends the Constitution of Alabama to declare that it is the public policy that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization.
Pursuant to the amendment, it is unlawful for an employer and a labor union or organization to enter into an agreement:
- Which provides that a person who is not a member of the union or organization be denied the right to work for the employer; or
- Where membership in the union or organization is made a condition of employment or continuation of employment by the employer; or
- Where the union or organization acquires an employment monopoly in any enterprise.
The amendment does not apply to any lawful contract in force on or before the date of ratification, but would apply to contracts entered into on or after that date, as well as to any renewal or extension of an existing contract.