Arizona Constitution Article 25
In Arizona, Article 25 of the Arizona Constitution, adopted by the people of Arizona at the general election held in 1946, specifically prohibits compulsory union membership as a condition of employment.
Article 25 of the Arizona Constitution prohibits compulsory union membership as a condition of employment:
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 of any kind 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.
As do Arizona's "right to work" laws. See A.R.S. 23-1301 to -1307. See also Am. Fed'n of Labor, 67 Ariz. at 24-25, 40-41, 189 P.2d at 915, 926 (finding the amendment constitutional).
Additionally, we note that the Arizona Attorney General has twice issued opinions concluding that an "agency shop" agreement between an employer and a labor organization, in which all non-union employees would be required to pay to the union an amount equal to regular union dues, would violate Article 25 of the Arizona Constitution and A.R.S. 23-1302. See Op. Ariz. Att'y Gen. I86-049, (May
Opinions of the Arizona Attorney General are advisory, and thus do not constitute binding precedent. Logan v. Forever Living Prods. Int'l, Inc., 203 Ariz. 191, 194 n.4, P10, 52 P.3d 760, 763 n.4 (2002) (citing Ruiz v. Hull, 191 Ariz. 441, 449, 957 P.2d 984, 992 (1998)).
Nonetheless, such opinions are due our respect and may be helpful in providing insight as to an issue. See id.