June 23, 1993
Senator Roy Cooper Chairman, Senate Judiciary H Committee
Re: Advisory Opinion, House Bill 818
Dear Senator Cooper:
You have asked our advice on whether House Bill 818, attached, would change North Carolina’s existing right to work laws or abolish the existing state prohibition on collective bargaining by public employees. As explained below, our opinion is that it does not.
House Bill 818 amends N.C.G.S. §153A-99 and §160A-169, which regulate political activities for city and county employees. The amendments make clear that city and county employees are not restricted from engaging in political activities while off duty. Part of the amendment provides that "[a]ll State laws and all local laws and ordinances that are in conflict with this section are repealed." We understand that it is this provision which raises the question whether the bill affects existing right to work and public employee collective bargaining statutes.
The political activities as described in N.C.G.S. §§153A-99, 160A-169 concern "affiliating with civic organizations of a partisan or political nature, …attending political meetings, or advocating and supporting the principles or policies of civic or political organizations, or supporting partisan or nonpartisan candidates." N.C.G.S. §§153A-99(a), 160A-169(a). By their terms, the sections are limited to political activities and do not concern union membership, collective bargaining, wages, terms and conditions of employment or other matters that are generally considered to be subjects of collective bargaining.
The North Carolina right to work law, N.C.G.S. §§95-78 to 95-84, provides generally that no person shall be required either to be a member of a union or not be a member of a union as a condition of employment or continuation of employment. The existing state prohibition on collective bargaining by public employees prohibits law enforcement and fire prevention employees from becoming a member of or affiliating with any organization which has as one of its purposes collective bargaining with respect to "grievances, labor disputes, wages or salary, rates of pay, hours of employment, or the conditions of work of such employees." N.C.G.S. §95
97. The law also prohibits such employees from promoting labor organizations, id., labor agreements between units of government and labor unions, N.C.G.S. §95-98, and strikes by public employees, N.C.G.S. §95-98.l.
The provisions of the right to work law and prohibition on public employee collective bargaining do not attempt to regulate political activities by city and county employees. We find no conflict between N.C.G.S. §§153A-99, 160A-169, which concerns only political activities, and existing right to work laws and collective bargaining prohibition for public employees, which do not concern political activities by public employees. It is our opinion, therefore, that House Bill 818 would have no effect on either the State’s right to work laws or its prohibition on collective bargaining by public employees.
Should you need anything further, please advise.
John R. McArthur Chief Counsel