North Carolina Right To Work

North Carolina is a Right To Work state. Most realtors are required by their firms to be members of NCAR. The few licensed real estate brokers who may choose not to be members will see their firms billed for dues anyway. NCAR's mandatory dues appear to skirt North Carolina's Right To Work Law by making the Designated Realtor in a firm liable for nonmember dues, not technically the nonmember. As a practical matter a nonmember licensed real estate broker would be under great pressure to join NCAR or to otherwise reimburse the Designated Realtors for the amount of dues charged. NCAR rules provide that even if the dues assessment for a nonmember is paid by the nonmember, the Designated Realtor is credited with the payment. The relationship between individual real estate brokers and their firms is that of independent contractors and has evaded traditional employer-employee protections and benefits. If it can be shown that aspects of real estate brokers' work are being controlled by the firm, or by others with the acquiescence of the firm, such as mandatory NCAR dues and assessments, violations of IRS rules on Independent Contractors and NC Right To Work Law may be demonstrable. From the Chapter 95: Department of Labor and Labor Regulations of the NC General Statutes:

Article 10.
Declaration of Policy as to Labor Organizations.

§ 95-78. Declaration of public policy.

The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association. (Enacted March 18, 1947.)

§ 95-79. Certain agreements declared illegal.

Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against the public policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of North Carolina. (Enacted March 18, 1947.)

§ 95-80. Membership in labor organization as condition of employment prohibited.

No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer. (Enacted March 18, 1947.)

§ 95-81. Nonmembership as condition of employment prohibited.

No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. (Enacted March 18, 1947.)

§ 95.82. Payment of dues as condition of employment prohibited.

No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization. (Enacted March 18, 1947.)

§ 95-83. Recovery of damages by persons denied employment.

Any person who may be denied employment or be deprived of continuation of his employment in violation of G.S. 95-80, 95-81 and 95-82 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation, or association acting in concert with him by appropriate action in the courts of this State such damages as he may have sustained by reason of such denial or deprivation of employment. (Enacted March 18, 1947.)

The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association. (Enacted March 18, 1947.)

§ 95-84. Application of Article.

The provisions of this Article shall not apply to any lawful contract in force on the effective date hereof but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of any existing contract. (Enacted March 18, 1947.)