A. Every promise between any employee or prospective employee and his employer, prospective employer or any other person is contrary to public policy if either party thereto promises any of the following:
(1) not to join or not to remain a member of a labor organization or of an employer organization; or
(2) to withdraw from an employment relation in the event that he joins or remains a member of a labor organization or of an employer organization.
B. Such promise shall not afford any basis for the granting of legal or equitable relief by any court against a party to such promise, or against any other persons who, without fraud, violence or threat thereof, advise such party to act in disregard of such promise.
C. The term "promise" includes promise, undertaking, contract or agreement, whether written or oral, express or implied.
D. Any person who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in the employment of any such person is guilty of a misdemeanor.
History: 1953 Comp., § 59-13-4, enacted by Laws 1967, ch. 241, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability, under statute, of labor union or its membership for torts committed in connection with primary labor activities - state cases, 85 A.L.R.4th 979.
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