HB 1645-FN – AS INTRODUCED
2010 SESSION
06/03
HOUSE BILL 1645-FN
AN ACT relative to freedom of choice on whether to join a labor union.
SPONSORS: Rep. W. Smith, Rock 18; Rep. Groen, Straf 1; Rep. Kolodziej, Rock 4; Rep. Dumaine, Rock 3; Rep. Baldasaro, Rock 3
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill prohibits collective bargaining agreements that require employees to join a labor union.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to freedom of choice on whether to join a labor union.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Denial of Employment for Non-membership in Labor Organization Prohibited. Amend RSA 273-A by inserting after section 17 the following new section:
273-A:18 Denial of Employment for Non-membership in Labor Organization Prohibited. Notwithstanding any provision of this chapter, no individual shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the state or any of its subdivisions enter into an agreement, written or oral, which excludes an individual from employment because of non-membership in a labor organization.
2 New Chapter; Right to Work Law. Amend RSA by inserting after chapter 275-F the following new chapter:
CHAPTER 275-G
275-G:1 Declaration of Purpose. It is the public policy of this state, in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth and high wages that all persons shall have, and shall be protected in the exercise of, the right freely, and without fear of penalty or reprise, to form, join, or assist labor organizations, or to refrain from any such activity.
275-G:2 Definition. In this chapter:
I. “Employer” means any individual, corporation, association, organization, or entity that employs one or more persons. The term employer includes, but is not limited to, employers of agricultural labor.
II. “Labor organization” means an organization of any kind, an agency, an employee representation committee, or a union that exists at least partly for the purpose of dealing with employers concerning wages, hours, and other terms and conditions of employment.
275-G:3 Freedom of Choice Guaranteed.
I. No person shall be required as a condition of employment or of the continuation of employment to:
(a) Resign from or refrain from voluntary:
(1) Membership in a labor organization.
(2) Affiliation with a labor organization.
(3) Financial support of a labor organization.
(b) Become or remain a member of a labor organization.
(c) Pay dues, fees, assessments, or other charges of any kind to a labor
organization.
(d) Pay to a charity or other third party, in place of payments to a labor organization, dues, fees, assessments, or charges of any kind.
(e) Provide a referral, recommendation, approval, or clearance for hiring or for continued employment by or through a labor organization.
II. An employer may deduct dues, fees, assessments, or other charges for a labor organization from the compensation of an employee only if the employee has authorized the deduction by filing a signed, written authorization for the deductions with the employer. An employee may revoke an authorization filed under this paragraph at any time by giving written notice of the revocation to the employer 30 days before its effective date. Every employer who receives such an authorization from an employee shall promptly notify such employee in writing that the employee may revoke an authorization at any time by giving the employer 30 days written notice.
III. Any agreement, understanding, or practice, whether written or oral, implied or expressed, between a labor organization and an employer that violates the rights of employees guaranteed by this chapter is void. A strike, picket, boycott, or other action by a labor organization for the purpose of inducing or attempting to induce an employer to enter into an agreement that is contrary to this chapter is a violation of this chapter.
IV. An individual, a labor organization, or an officer, agent, or member of a labor organization may not:
(a) Compel or attempt to compel by means of a threat, intimidation, or other coercion an employee to join, affiliate with, or financially support a labor organization or to refrain from doing so; or
(b) Cause or attempt to cause an employee to be denied employment or discharged from employment by inducing or attempting to induce another person to refuse to work with the employee because the employee supports or fails to support a labor organization.
275-G:4 Notice to be Posted. It shall be the duty of every employer to post and keep continuously displayed the following notice at such a place or places in the business, establishment, or premises where it may be readily seen by all employees, and it shall be the further duty of every employer to furnish a copy of such notice to each employee at the time the employee is hired:
EMPLOYEES FREEDOM OF CHOICE
Under the law of the state of New Hampshire, employees are protected in the exercise of their free choice to join or refrain from joining labor unions, and it is unlawful for an employer and a labor union to enter into a contract or agreement requiring them 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, an employer may not discharge or otherwise discriminate against an employee because of joining or refusing to join a labor union, or to pay dues, or other charges to a labor union.
275-G:5 Criminal and Civil Penalties.
I. A person who knowingly violates a provision of this chapter is guilty of a class B misdemeanor.
II. Any employee who is injured as a result of a violation or threatened violation of this chapter is entitled to injunctive relief, damages, or both. A court may award costs and reasonable attorney’s fees to any party entitled to injunctive relief or damages.
III. The attorney general shall investigate violations of this chapter and shall prosecute persons who are in violation.
275-G:6 Relationship to Federal Law.
I. The provisions of this chapter do not apply to:
(a) Federal employers and employees, including employers and employees who are covered by the federal Railway Labor Act, 45 U.S.C. sections 151 through 188.
(b) Employers who operate within a federal enclave that is not subject to state sovereignty.
II. If a provision of this chapter is preempted by or conflicts with federal law in a particular situation, such provision does not apply to the extent of the preemption or conflict.
275-G:7 Applicability. This act applies to:
I. A collective bargaining agreement or contract that is entered into on or after the effective date of this act.
II. An agreement, entered into on or after the effective date of this act, to renew or extend a collective bargaining agreement or contract.
275-G:8 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 chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
3 Effective Date. This act shall take effect upon its passage.
LBAO
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HB 1645-FN - FISCAL NOTE
AN ACT relative to freedom of choice on whether to join a labor union.
FISCAL IMPACT:
The Judicial Branch, Department of Justice, and New Hampshire Association of Counties state this bill will increase state and local expenditures by an indeterminable amount in FY 2010 and each year thereafter. The Department of Labor and Public Employee Labor Relations Board state this bill will have an indeterminable fiscal impact on state, county, and local expenditures in FY 2010 and each year thereafter. The New Hampshire Municipal Association states this bill will have an indeterminable fiscal impact on local expenditures. There is no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 272-A:18 to amend the public labor relations act to prohibit public employers denying employment due to an employee not being a member of a labor organization and enacts RSA 275-G dealing with right to work. This bill contains a class B misdemeanor and allows for employees to sue to enjoin violations, for damages or for both. The civil actions will be either a complex equity case or complex civil case in Superior Court. The Branch has no information to estimate how many new misdemeanors or civil cases would be brought as a result of this bill. The Branch states the cost of a class B misdemeanor case is $36.89, the cost of a complex equity case is $506.50, and the cost of a complex civil case is $559.43 in FY 2010 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Department of Justice states this bill may increase expenditures for the Department as it contains a misdemeanor enforceable by the attorney general. Additionally, if an appeal is filed, the Department would have increased expenditures. The Department has no information to estimate how many cases would be prosecuted by the Department or appealed to the Supreme Court to estimate the fiscal impact.
The Department of Labor states the fiscal impact of this bill is indeterminable as it is not known how many employees would be impacted by this bill. The Department is not able to determine costs associated with printing posters, administrative costs for obtaining signed
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authorizations from employees who do or do not authorize deductions from their paychecks and savings on administrative costs associated with making deductions from paychecks for agency fees or union dues.
The Public Employee Labor Relations Board states the fiscal impact of this bill is indeterminable. The Board does not know how many violations of the law might occur to determine the cost of investigating and prosecuting such violations, does not know how many employees will give or revoke authorizations to deduct labor organization dues or fees, or how many unfair labor practice complaints will be filed as a result of this bill to determine the fiscal impact.
The New Hampshire Association of Counties states a class B misdemeanor does not result in incarceration therefore no increase in county expenditures for corrections costs. The Association cannot determine the extent to which violations of law would occur and the impact on county attorneys’ offices expenditures.
The New Hampshire Municipal Association states it is not able to determine the fiscal impact of this bill on municipalities.
The Judicial Council states this bill will have no fiscal impact on the Council as class B misdemeanors have no right to counsel for indigent defense.