Ariz. Admin. Code § R6-3-51475 - Union Relations (misconduct 475)
A. Membership or activity in union
(Misconduct 475.5). Union activity except as hereinafter specified does not
constitute an intentional breach of a worker's obligation toward his employer,
nor may it be construed as disregard of the employer's interest. Membership in
a union, agitation for unionization, or support of a union are not acts of
misconduct in themselves. A worker who is discharged for joining a union is not
discharged for misconduct connected with his work. This is generally also true
of a worker dismissed because of union activity. However, when the union
activities violate a known and reasonable company rule such as unauthorized
solicitation of membership, or collection of dues and the like on company time
or premises, a discharge for that reason is usually for misconduct connected
with the work.
B. Refusal to join
or retain membership in union (Misconduct 475.6)
1. The Constitution of Arizona provides: "No
person shall be denied the opportunity to obtain or retain employment because
of non-membership in a labor organization, nor shall the state or any
subdivision thereof, or any corporation, individual or association enter into
any agreement, written or oral, which excludes any person from employment or
continuation of employment because of non-membership in a labor organization."
In accordance therewith, a worker who is discharged in Arizona or in another
state having a "right to work" law because of refusal to pay union initiation
fees or membership dues, is discharged for a reason other than misconduct
connected with the work.
2. If the
worker is discharged from employment in a state which does not have a "right to
work" law, refer to
R6-3-50475(B).
Notes
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