Chapter 1. Contracts Against Public Policy of California Labor Code >> Division 2. >> Part 3. >> Chapter 1.
As used in this chapter, unless the context otherwise
indicates, "promise" includes promise, undertaking, contract, or
agreement, whether written or oral, express or implied.
Every promise made after August 21, 1933, 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:
(a) To join or to remain a member of a labor organization or to
join or remain a member of an employer organization,
(b) Not to join or not to remain a member of a labor organization
or of an employer organization,
(c) To withdraw from an employment relation in the event that he
joins or remains a member of a labor organization or of an employer
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 advise, urge, or induce, without fraud
or violence or threat thereof, either party thereto to act in
disregard of such promise.
Any person or agent or officer thereof 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.
In the interpretation and application of this chapter, the
public policy of this State is declared as follows:
Negotiation of terms and conditions of labor should result from
voluntary agreement between employer and employees. Governmental
authority has permitted and encouraged employers to organize in the
corporate and other forms of capital control. In dealing with such
employers, the individual unorganized worker is helpless to exercise
actual liberty of contract and to protect his freedom of labor, and
thereby to obtain acceptable terms and conditions of employment.
Therefore it is necessary that the individual workman have full
freedom of association, self-organization, and designation of
representatives of his own choosing, to negotiate the terms and
conditions of his employment, and that he shall be free from the
interference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.