Right to Work States — Union Security / Preference of Employment (SAG TV, AFTRA TV, AFTRA Radio Commercials Contracts)

Union Performer Matters

March 12, 2012
# 7383

To broadcast admin & business affairs, broadcast production, legal counsel and selected committees.

Right to Work States — Union Security / Preference of Employment (SAG TV, AFTRA TV, AFTRA Radio Commercials Contracts)

This Employment of Extras Union Performer Matters is from the Industry-Union Standing Committee, and provided for SAG and AFTRA JPC Authorizers and Direct Signatories to the SAG and AFTRA Commercials Contracts.

Tom Finneran
Executive Vice President
[email protected]

On February 1, 2012, the state of Indiana signed into law legislation that makes Indiana the twenty-third state to have “Right to Work” laws on the books.

A “Right-to-Work” law is a statute that prohibits agreements between labor unions and employers that make membership, payment of union dues, or fees a condition of employment, either before or after hiring.

Union Security: with the exception of the obligation to report the first employment of a performer under the Commercials Contracts, union security provisions do not otherwise apply in right-to-work states. Employers are required to report the first employment of a non-union member to the applicable union, within 15 business days of the session date.

Professional Recognition: Preference of Employment provisions, however, do apply in right-to-work states.

The following states are right-to-work states as of this date:

Alabama
Arizona
Arkansas
Florida
Georgia
Idaho
Indiana (signed into law 2/1/12)
Iowa
Kansas
Louisiana
Mississippi
Nebraska
Nevada
North Carolina
North Dakota
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Wyoming

In addition, the territory of Guam also has right-to-work laws, and employees of the U.S. Federal Government have the right to choose whether or not to join their respective unions.

Members are advised to seek the advice of their own legal counsel regarding additional specifics of the law in any particular state.