The Attorney General of Texas
March 20, 1978
JOHN L. HILL
Attorney General
The Honorable Lynn Tate Opinion No. H-1139
Commissioner
Texas Department of Labor Re: Whether one year irrevocable
and Standards union dues checkoff provisions in union
Sam Houston State Office contracts violate state law prohibiting
Building compulsory unionism.
Austin, Texas 107R
Dear Commissioner Tate:
You have requested our opinion concerning the legality of a one year
irrevocable union dues checkoff agreement by which an employer, at the
employee’s request, deducts union dues from an employee% paycheck and
transfers such sums to the labor union. You ask whether such an agreement
violates prohibitions concerning compulsory union membership. V.T.C.S.
art. 5207a; see also V.T.C.S. art. 5154c, S 4; art. 5154g, S 1. Your precise
question is:
Does an employee in Texas whose employment is
governed by a union contract containing typical lan-
guage for a one-year irrevocable dues checkoff agree-
ment with the contracting employer, have a right to
terminate that agreement because of the prohibition
under Texas law against compulsory unionism in
Article 5207a, V.T.C.S., so as to be entitled to receive
a payment of wages which would exclude the amounts
that otherwise would have been withheld as union dues
during the remaining term of the one-year agreement
so as to support a wage complaint under the Texas
Semi-Monthly Pay Day Law, or, would this type of
one-year irrevocable dues checkoff agreement pre-
clude the employee under such circumstances from
claiming that additional amount as wages in connec-
tion with a complaint filed with our office under the
Texas Semi-Monthly Pay Day Law? In this regard,
please consider the provision for dues checkoff con-
tained in Article 5154e, V.T.C.S.
p. 4637
r .
The Honorable Lynn Tate - Page 2 (H-1139)
Article 5207a provides in part:
Sec. 3. Any contract which requires or prescribes that
employees or applicants for employment in order to work for
an employer shall or shall not be or remain members of a
labor union, shall be null and void and against public policy.
In discussing article 5207a and the related statements of public policy contained in
article 5154~ and 5154g, the Supreme Court of Texas has stated:
The intent seems obvious to protect employees in the
exercise of the right of free choice of ]oining or not joining
a union. The purpose of the statute is to afford equal
opportunity to work to both classes of employees.
Lunsford v. Citv of Brvan, 297 S.W.2d 115, ll7 (Tex. 1957). Thus the proscription of
-. .---- ?ibligations and actions on the part of employers; they are
required to afford “equal opportunity.” See also Construction and General Labor
Union Local No. 688 v. Stephenson, tST33K2d 958 (T . 50) Sh t M tai
Workers Local No. 175 v. Walker, 236 S.W.2d 683 (Tex. Ciz’App . d JIas?and li51,
-pinions
wrtt re . WW-1018 (1961); S-224 (1956). We do not
believe that article 5207a therefore is dispositive of your question. ‘lhe controlling
statute does appear to be article 5154e, V.T.C.S., to which you refer in the final
sentence of your inquiry.
Article 5154e, V.T.C.S., provides in part:
Any contract which permits, requires, prescribes or
provides for the retention of any part of the compensation
of an employee for the purpose of paying dues or assess-
ments on his part to any labor union, without the written
consent of the employee delivered to the employer authoriz-
ing the retention or the withholding of such sum shall be null
and void and against public policy.
The provisions of article 5154e are to our mind very clear. The key to determining
whether or not contractual provisions for so called one year “irrevocable dues
checkoff” are legal is to ascertain if the employee has given written consent to
such a provision. Obviously, a provision which provides solely for a union dues
checkoff agreement would be valid under article 5154e so long as the employee
affected has given and delivered to the employer his written consent thereto. -See
also
- 29 U.S.C. S 186 (c)(4).
Your question arose from the possibility that an employee could file a
complaint under articles 5155-5159, V.T.C.S., for unpaid wages which were deducted
pursuant to a checkoff agreement. ln our opinion such a complaint under the semi-
monthly payday laws would not be upheld if it were demonstrated that the
p. 4638
The Honorable Lynn Tate - Page 3 (H-11391
employee had timely delivered a written consent to the employer authorizing the
retention or withholding of such deduction.
SUMMARY
A provision for a one year irrevocable union dues checkoff
agreement between a union and a member thereof is made
valid by the Legislature under article S154e, V.T.C.S., so
long as the employee affected has given and delivered to the
employer his written consent for such a provision.
Very truly yours,
Attorney General of Texas
Opinion Committee
p. 4639