SB 115 – AS INTRODUCED
2007 SESSION
06/10
SENATE BILL 115
AN ACT prohibiting mandatory fees for state employees.
SPONSORS: Sen. Kenney, Dist 3; Sen. Barnes, Dist 17; Sen. Bragdon, Dist 11; Rep. Ingbretson, Graf 5
COMMITTEE: Commerce, Labor and Consumer Protection
This bill prohibits the state from deducting mandatory labor organization fees from state employees’ wages.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1251
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT prohibiting mandatory fees for state employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Mandatory Fees for State Employees Prohibited. Amend RSA 273-A by inserting after section 17 the following new subdivision:
Mandatory Fees for State Employees Prohibited
273-A:18 Definitions. In this subdivision:
I. “Labor organization” means any organization of any kind, or agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of work, or other conditions of employment.
II. “State employee” means any member of a bargaining unit covered by RSA 273-A:9 and RSA 273-A:9-a.
273-A:19 Freedom of Choice Guaranteed; Discrimination Prohibited. No state employee shall be required, as a condition of employment or continuation of employment:
I. To resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
II. To become or remain a member of a labor organization;
III. To pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;
IV. To pay any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges of a labor organization; or
V. To be recommended, approved, referred, or cleared by or through a labor organization.
273-A:20 Voluntary Deductions Protected. It shall be unlawful for the state to deduct from the wages, earnings, or compensation of any state employee any dues, fees, assessments, or other charges, to be held for, transferred to, or paid over to a labor organization, unless the state employee has first presented, and the state employee’s supervisor has received, a signed written authorization for such deductions, which authorization may be revoked by the state employee at any time by giving written notice of such revocation 30 days in advance of its effective date. Every supervisor who receives such an authorization from a state employee shall have a duty to promptly notify that state employee in writing that the state employee may revoke an authorization at any time by giving the employer 30 days written notice.
273-A:21 Agreements in Violation, and Actions to Induce Such Agreements, Declared Illegal. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and the state which violates the rights of state employees as guaranteed by the provisions of this subdivision is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott, or other action, by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this subdivision is hereby declared to be for an illegal purpose and is a violation of the provisions of this subdivision.
273-A:22 Notice to be Posted. It shall be the state’s duty to post and continuously display the following notice at such a place or places in the business, establishment, or premise where it may be readily seen by all state employees, and it shall be the further duty of the state to furnish a copy of such notice to each employee at the time the employee is hired:
STATE EMPLOYEES FREEDOM OF CHOICE
Under the law of the state of New Hampshire, state employees are protected in the exercise of their free choice to join or refrain from joining labor unions, and it is unlawful for the state of New Hampshire and a labor union to enter into a contract or agreement requiring employees to pay dues, fees, or charges of any kind to a labor union as a condition of obtaining or keeping a job. Under this law, the state may not discharge or otherwise discriminate against a state employee because of joining a labor union, or refusing to join, pay dues, or pay other charges to a labor union.
273-A:23 Coercion and Intimidation Prohibited. It shall be unlawful for any person, labor organization, or officer, agent, or member thereof, or the state, or officer thereof, by any threatened or actual intimidation of an employee or prospective employee, or the employee’s parents, spouse, children, grandchildren, or any other persons residing in the employee’s or prospective employee’s home, or by any damage or threatened damage to property, to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or otherwise forfeit any rights as guaranteed by provisions of this subdivision. It shall also be unlawful to cause or attempt to cause an employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employees.
273-A:24 Penalties. Any person, labor organization, agent, representative of an employer or labor organization, who directly or indirectly imposes upon any person any requirement prohibited by this subdivision shall be guilty of a misdemeanor, and, notwithstanding RSA 651:2, shall be subject for each offense to a fine not exceeding $1,000, or to imprisonment not exceeding 90 days, or both.
273-A:25 Civil Remedies. Any person harmed as a result of any violation or threatened violation of the provisions of this subdivision shall be entitled to injunctive relief against any and all violators or persons threatening violation, and may also recover any or all damages of any character, including costs and reasonable attorney fees, resulting from such violation or threatened violation, cognizable at common law. Such remedies shall be independent of, and in, addition to, the penalties and remedies prescribed in other provisions of this subdivision.
273-A:26 Duty to Investigate. It shall be the duty of the attorney general and of each county attorney, to investigate any complaints of violation of this subdivision, and to prosecute all persons violating any of its provisions, and to use all means at their command to insure effective enforcement of the provisions of this subdivision.
273-A:27 Existing Contracts. The provisions of this subdivision shall apply to all contracts entered into on or after the effective date of this subdivision and shall not apply to existing contracts, but shall apply to any renewal or extensions of such existing contracts.
273-A:28 Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the subdivision which can be given effect without the invalid provisions or applications, and to this end the provisions of this subdivision are severable.
2 Effective Date. This act shall take effect January 1, 2008.