Statutes, codes, and regulations
Arizona Administrative Code
Title 6 - ECONOMIC SECURITYChapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE
Article 51 - DISCHARGE BENEFIT POLICY
Section R6-3-51475 - Union Relations (misconduct 475)

Ariz. Admin. Code § 6-3-51475

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Current through Register Vol. 30, No. 49, December 6, 2024
Section 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).

Ariz. Admin. Code § R6-3-51475

Former Rule number Misconduct 475. -475.6. Former Rule repealed, new Section R6-3-51475 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 19, 1979 (Supp. 79-2).