Title LA, Labor Code

Sec. 101.115. CONSTRUCTION OF FEE RESTRICTIONS. Sections 101.111, 101.113, and 101.114 may not be construed as preventing any type of bargaining agreement or limiting the bargaining power of a labor union. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.116. MEMBER IN ARMED FORCES. A union member who, because of service with the United States armed forces, has been unable to pay any dues or assessment levied by a union to which the member belonged may not be required to make the back payments as a condition to reinstate…

Sec. 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP REQUIRED. A labor union may not refuse to give a person desiring membership in the union a reasonable time after obtaining the promise of employment in which to decide whether to join the union as a condition of employment.…

Sec. 101.118. EXPULSION OF MEMBER. (a) A labor union may not expel a union member without: (1) good cause; and (2) a fair and public hearing by and within the organization, after due notice and an opportunity to be heard on the specific charges alleged. (b) On the petition of a m…

Sec. 101.119. RECORDS. (a) Each labor union in this state shall keep accurate books of accounts that: (1) itemize each receipt from any source; (2) itemize each expenditure for any purpose; and (3) state the source of each receipt and the purpose of each expenditure. (b) A member…

Sec. 101.120. REPORTS. A labor union required to file reports with the United States Secretary of Labor under Section 201, Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Section 431) or a successor statute shall file a copy of each report with the secretary of s…

Sec. 101.121. CIVIL PENALTY. A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $1,000 for each violation. The civil penalty may be recovered in the name of the state, acting through an enforcement officer, in a court of compete…

Sec. 101.122. ENFORCEMENT BY CIVIL PROCESS. (a) A district court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent injunction, or any other writ or process appropriate to enforce this su…

Sec. 101.123. OFFENSE; PENALTY. (a) A labor union officer or a labor organizer commits an offense if the person violates a provision of this subchapter. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not more than $500; (2) confinement in the coun…

Sec. 101.124. ENFORCEMENT OFFICERS. The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall: (1) prosecute all criminal proceedings under this subchapter; and (2) institute and maintain all civil proceedings under…

Sec. 101.151. DEFINITION. In this subchapter, "picketing" includes the stationing of a person for an organization to: (1) induce anyone not to enter the premises being picketed; (2) observe the premises being picketed to ascertain who enters or patronizes the premises; or (3) fol…

Sec. 101.152. MASS PICKETING PROHIBITED. (a) A person may not engage in any form of picketing activity in which a picket constitutes any character of obstacle to the free ingress to and egress from an entrance to any premises, either by obstructing the free ingress and egress wit…

Sec. 101.153. USE OF INSULTING, THREATENING, OR OBSCENE LANGUAGE PROHIBITED. A person may not, by use of insulting, threatening, or obscene language, interfere with or intimidate or seek to interfere with or intimidate another: (1) in the exercise of the other person's lawful rig…

Sec. 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR AGREEMENT PROHIBITED. A person may not engage in picketing the purpose of which, directly or indirectly, is to secure the disregard or breach of a valid existing labor agreement arrived at between an employer and the repr…

Sec. 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF ENJOINED PICKETING PROHIBITED. A person may not declare or publicize the continued existence of actual or constructive picketing at a point or directed against a premises after a court of competent jurisdiction has enjoi…

Sec. 101.156. OFFENSE; PENALTY. (a) A person commits an offense if the person violates Section 101.152, 101.153, 101.154, or 101.155. Each separate act of violation constitutes a separate offense. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not…

Sec. 101.201. SECONDARY PICKETING PROHIBITED. (a) A person may not establish, call, participate in, or aid picketing at or near the premises of an employer with whom a labor dispute does not exist. (b) In this section: (1) "Employee" includes any person working for another for hi…

Sec. 101.202. OFFENSE; PENALTY. (a) A person commits an offense if the person violates any provision of this subchapter. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not more than $500; (2) confinement in the county jail for not more than six mo…

Sec. 101.203. CIVIL LIABILITY. (a) A person who violates any provision of this subchapter is liable to a person damaged by the violation for the damages resulting from the violation. (b) A person damaged by a violation of this subchapter may maintain an action to redress the dama…

Sec. 101.204. ENFORCEMENT. The state, acting through the attorney general or a district attorney or county attorney, may institute a suit in district court to enjoin a person from violating this subchapter. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.205. VENUE. Venue for a suit or cause of action arising under this subchapter is in: (1) the county in which the violation is alleged to have occurred; (2) the county in which the defendant resides; or (3) if there are two or more defendants, a county in which any defend…

Sec. 101.251. DEFINITIONS. In this subchapter: (1) "Labor organization" means any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning grievances, labor disputes, wages, hours of employment, or working condi…

Sec. 101.252. LIABILITY OF LABOR ORGANIZATION. A labor organization whose members picket or strike against a person is liable for damages for a loss resulting to the person because of the picketing or strike if a court of competent jurisdiction holds that the picketing or strike …

Sec. 101.301. INTERFERENCE WITH RIGHT TO WORK; LIABILITY. (a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization. (b) In the exercise of the right to work, each person shall be free from …

Sec. 101.302. INJUNCTIVE RELIEF. (a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter. (b) The district courts shall grant injunctive relief when a violation of this subchapter is made apparent. A…

Sec. 101.303. ASSIGNMENT OF DISTRICT JUDGE. Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the cause of action may apply to the presiding judge of the administrative judicial region within which the …

Sec. 102.001. DEFINITION. In this chapter, "board" means an arbitration board appointed under this chapter. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.002. DISPUTE RESOLUTION THROUGH ARBITRATION. (a) An employer and employees may submit a dispute or grievance resulting from the employer's and employees' work relationship to a board for a hearing and determination. (b) An arbitration may not be conducted under this chap…

Sec. 102.011. NUMBER OF BOARD MEMBERS. A board established under this chapter must be composed of five members. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1. 1993.

Sec. 102.012. EMPLOYER REPRESENTATION ON BOARD. The employer may designate two arbitrators to serve on the board. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.013. EMPLOYEE REPRESENTATION ON BOARD. (a) In a dispute or grievance in which the affected employees are members in good standing of a labor organization: (1) if the organization is represented by a delegate in a central body, the central body may designate two arbitrato…

Sec. 102.014. CHAIRMAN. (a) The four arbitrators selected under Sections 102.012 and 102.013 shall designate a fifth arbitrator who serves as the chairman of the board. (b) If an agreement as to a fifth arbitrator cannot be reached under Subsection (a), on notice of any arbitrato…

Sec. 102.015. BOARD SECRETARY. The board shall select one member to act as secretary for the board. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.016. ARBITRATOR'S CONSENT TO ACT. (a) An arbitrator selected under this chapter must: (1) sign a form consenting to serve as an arbitrator; and (2) take and sign an oath administered by an officer authorized to administer oaths to faithfully and impartially discharge the…

Sec. 102.021. POWERS AND DUTIES OF BOARD. (a) A board may adopt and enforce rules to be followed at board hearings. (b) The board may set a schedule of sessions and adjournments. (c) The board shall hear and examine witnesses who are brought before the board and consider other pr…

Sec. 102.022. CHAIRMAN'S DUTIES. (a) The chairman of the board may: (1) administer oaths; and (2) issue subpoenas for the production of books and papers and the attendance of witnesses. (b) The chairman of the board may exercise the powers granted under this section to the same e…

Sec. 102.023. ISSUANCE OF SUBPOENAS. (a) The board's secretary shall sign each subpoena issued under this chapter. (b) The board may authorize a person of full age to serve a subpoena issued under this chapter. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER…

Sec. 102.031. EMPLOYEE TERMINATION RESTRICTED. During the period that the arbitration is pending, an employer or receiver or an agent of the employer may not discharge an employee who is a party to the arbitration except for: (1) the employee's inefficiency, violation of law, or …

Sec. 102.032. PROHIBITIONS AGAINST STRIKES OR BOYCOTTS. (a) During the period that arbitration is pending, a labor organization that represents employees who are parties to the arbitration may not order or aid employees in a strike or boycott against the employer or receiver. (b)…

Sec. 102.041. WRITTEN SUBMISSION OF DISPUTE OR GRIEVANCE. (a) The question to be decided by the board must be submitted to the board in writing, signed by: (1) the employer or receiver; and (2) the labor organization representing the employees or the employee or any employee or e…

Sec. 102.042. HEARING; NOTICE. (a) The board shall conduct a hearing not later than the 10th day after the agreement to arbitrate is filed. (b) Each party to the dispute is entitled to receive notice of the time and place of the hearing. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff…

Sec. 102.051. ARBITRATION PETITION. A board may submit a written petition signed by a majority of the board to a district judge in the county in which the dispute or grievance arose. The petition must: (1) show that the board was selected according to the procedures set forth in …

Sec. 102.052. COURT ORDER REQUIRED. On receipt of a petition filed under Section 102.051, the judge shall issue an order establishing an arbitration board. The order shall refer the matter in dispute to the board for a hearing and determination of the matter in dispute. Acts 1993…

Sec. 102.053. FILING OF PETITION AND ORDER. The petition and the subsequent order or a copy of the petition and order shall be filed with the district clerk in the county in which the arbitration is conducted. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER …

Sec. 102.061. SURETY BOND. Before a board considers a dispute or grievance, each party shall file a bond in an amount set by the board and conditioned on the payment of all expenses connected with the arbitration procedure. The bond must have two or more good and sufficient suret…

Sec. 102.062. BOARD MEMBER EXPENSES. A member of the board is entitled to receive: (1) three dollars a day for each day of actual service on the board not to exceed $30; and (2) five cents a mile for each mile traveled to and from the place where the board is in session. Acts 199…