Monday, Jul. 29, 2024
Can private-sector employers fire someone for unionizing a workplace in Arizona?
A private-sector employer in Arizona cannot fire someone for trying to unionize their workplace. These rights do not extend to public-sector employees, which in Arizona means state, county or city employees of any branch, department or agency, excluding police and firefighters.
Federal law prohibits private-sector employers in all states from taking any action against employees for unionizing or participating in union activities in non-work settings or during non-work hours, with few exceptions. Employers have been accused by the National Labor Relations Board, the governing body that enforces union rules, of attempting to circumvent these laws by firing unionizing employees for allegedly unrelated reasons.
Arizona is also a right-to-work state, which prevents employers from not hiring or retaining someone because they are not a union member. It also protects employees from having to join a union as a condition of employment.
This fact brief is responsive to conversations such as this one.
Sources
- Arizona Legislature Public employers; public monies; contracts; union activities; standing; state preemption; definitions
- National Labor Relations Board Your Rights during Union Organizing
- National Labor Relations Board National Labor Relations Act
- Health, Education, Labor and Pension Committee March 27, 2023 Staff Report, No Company is Above the Law
- Arizona Legislature 23-1302. Prohibition of agreements denying employment because of nonmembership in labor organization
- Arizona Legislature Labor Employment Laws
About fact briefs
Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
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The Arizona Center for Investigative Reporting is the state’s only independent, nonpartisan and collaborative nonprofit newsroom dedicated to statewide, data-driven investigative reporting. AZCIR's mission is to hold powerful people and institutions accountable by exposing injustice and systemic inequities through investigative journalism.
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