repeal; right to work; liability

HB2464 - 572R - I Ver

REFERENCE TITLE:
repeal; right to work; liability

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2464

Introduced by

Representatives
Sandoval: Abeytia, Aguilar, Austin, Blattman, Contreras L, Contreras P,
Crews, Garcia, Liguori, Luna-N�jera, M�rquez, Mathis, Peshlakai, Simacek,
Stahl Hamilton, Tsosie, Villegas;� Senators Alston, Epstein, Gabald�n, Kuby,
Ortiz, Sundareshan

AN
ACT

repealing
section 23-1302, Arizona Revised Statutes; amending sections 23-1306
and 23-1501, Arizona Revised Statutes; relating to the right to work.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.
Heading change

The article heading of title 23,
chapter 8, article 1, Arizona Revised Statutes, is changed from "RIGHT TO
WORK" to "GENERAL PROVISIONS".

Sec. 2.
Repeal

Section 23-1302, Arizona Revised
Statutes, is repealed.

Sec. 3. Section 23-1306, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-1306.

Civil liability of person violating article

A person who violates any provision of this article
,
or who enters into an agreement containing a provision
declared illegal by this article
, or who brings about the
discharge of or denial of employment to any person because of nonmembership in
a labor organization shall be
is
liable to the
person injured as the result of such act or provision and may be sued
therefor
for such act or provision
, and in
such action any labor organization, subdivision or local thereof
shall
be
is
bound by the acts of its duly authorized
agents acting within the scope of their authority, and may sue or be sued in
its common name.
END_STATUTE

Sec. 4. Section 23-1501, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-1501.

Severability of employment relationships; protection from
retaliatory discharges; exclusivity of statutory remedies in employment

A. The public policy of this state is that:

1. The employment relationship is contractual in
nature.

2. The employment relationship is severable at the
pleasure of either the employee or the employer unless both the employee and
the employer have signed a written contract to the contrary setting forth that
the employment relationship shall remain in effect for a specified duration of
time or otherwise expressly restricting the right of either party to terminate
the employment relationship. Both the employee and the employer must
sign this written contract, or this written contract must be set forth in the
employment handbook or manual or any similar document distributed to the
employee, if that document expresses the intent that it is a contract of
employment, or this written contract must be set forth in a writing signed by
the party to be charged. Partial performance of employment shall not
be deemed sufficient to eliminate the requirements set forth in this
paragraph.
Nothing in
This paragraph
shall be construed to

does not
affect the
rights of public employees under the Constitution of Arizona and state and
local laws of this state or the rights of employees and employers as defined by
a collective bargaining agreement.

3. An employee has a claim against an employer for
termination of employment only if one or more of the following circumstances
have occurred:

(a) The employer has
terminated the employment relationship of an employee in breach of an
employment contract, as set forth in paragraph 2 of this subsection, in which
case the remedies for the breach are limited to the remedies for a breach of
contract.

(b) The employer has terminated the employment
relationship of an employee in violation of a statute of this
state. If the statute provides a remedy to an employee for a
violation of the statute, the remedies provided to an employee for a violation
of the statute are the exclusive remedies for the violation of the statute or
the public policy set forth in or arising out of the statute, including the
following:

(i) The civil rights act prescribed in title 41,
chapter 9.

(ii) The occupational safety and health act
prescribed in chapter 2, article 10 of this title.

(iii) The statutes governing the hours of employment
prescribed in chapter 2 of this title.

(iv) The agricultural employment relations act
prescribed in chapter 8, article 5 of this title.

(v) The statutes governing disclosure of information
by public employees prescribed in title 38, chapter 3, article 9.

All definitions and restrictions contained in the statute also
apply to any civil action based on a violation of the public policy arising out
of the statute. If the statute does not provide a remedy to an
employee for the violation of the statute, the employee shall have the right to
bring a tort claim for wrongful termination in violation of the public policy
set forth in the statute.

(c) The employer has terminated the employment
relationship of an employee in retaliation for any of the following:

(i) The refusal by the employee to commit an act or
omission that would violate the Constitution of Arizona or the statutes of this
state.

(ii) The disclosure by the employee in a reasonable
manner that the employee has information or a reasonable belief that the
employer, or an employee of the employer, has violated, is violating or will
violate the Constitution of Arizona or the statutes of this state to either the
employer or a representative of the employer who the employee reasonably
believes is in a managerial or supervisory position and has the authority to
investigate the information provided by the employee and to take action to prevent
further violations of the Constitution of Arizona or statutes of this state or
an employee of a public body or political subdivision of this state or any
agency of a public body or political subdivision.

(iii) The exercise of rights under the workers'
compensation statutes prescribed in chapter 6 of this title.

(iv) Service on a jury as protected by section 21-236.

(v) The exercise of voting rights as protected by
section 16-1012.

(vi) The exercise of free choice with
respect to nonmembership in a labor organization as protected by section 23-1302.

(vii)
(
vi
)
Service in the national guard or armed forces as
protected by sections 26-167 and 26-168.

(viii)
(
vii
)
The exercise of the right to be free from the
extortion of fees or gratuities as a condition of employment as protected by
section 23-202.

(ix)

(
viii
)
The exercise of the right to be free from coercion
to purchase goods or supplies from any particular person as a condition of
employment as protected by section 23-203.

(x)

(
ix
)
The exercise of a victim's right to leave work as
provided in sections 8-420 and 13-4439.

B. If the statute provides a remedy to an employee
for a violation of the statute, the remedies provided to an employee for a
violation of the statute are the exclusive remedies for the violation of the
statute or the public policy prescribed in or arising out of the statute.
END_STATUTE

Sec. 5.
Conditional enactment

This act does not become effective
unless the Constitution of Arizona is amended by a vote of the people at the
next general election by passage of House Concurrent Resolution ____, fifty-seventh
legislature, second regular session, relating to the right to work.