Texas is a right-to-work state. This means that under the Texas Labor Code, a person cannot be denied employment because of membership or non-membership in a labor union or other labor organization. Tex. Labor Code Ann. §§ 101.001, et al.
Texas laws protect employees from threats, force, intimidation, or coercion for choosing to either participate or not participate in a union. Your employees may not be required to join or pay dues to a union as a condition of employment, nor may they be denied employment because they have joined a union.
If your company has entered into a collective bargaining agreement with a union which requires employees to make payments to, or on behalf of, a labor union as a condition of employment, (often referred to as a "union security clause"), your company may be in violation of Texas right-to-work laws.
If employees do not wish to participate in union membership or make contributions but feel that they are required to do so, or that they will be disciplined or lose their job if they do not comply, they have the legal right to report the situation under Texas right-to-work laws by contacting the OAG.
Be aware that Texas laws will not apply if your work site is on a federal enclave. However, not all federal facilities are federal enclaves
The Texas Workforce Commission, Civil Rights Division has the authority to investigate and resolve complaints of employment discrimination and sexual harassment by private and public employers with at least 15 employees, as well as by state agencies, colleges and universities, employment agencies, and labor organizations.
If you have any questions regarding Texas labor law and union membership, please contact our office for a consultation.