Bill Details - HB622 (2019)

HB 622-FN - AS INTRODUCED

 

 

2019 SESSION

19-0688

04/01

 

HOUSE BILL 622-FN

 

AN ACT prohibiting collective bargaining agreements that require employees to join or contribute to a labor union.

 

SPONSORS: Rep. Forsythe, Merr. 8

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill prohibits collective bargaining agreements that require employees to join or contribute to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0688

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting collective bargaining agreements that require employees to join or contribute to a labor union.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Name of Act.  It is the intent of the general court that this act be known as “The New Hampshire Right to Work Act.”

2  New Chapter; Right to Work.  Amend RSA by inserting after chapter 273-C the following new chapter:

CHAPTER 273-D

RIGHT TO WORK

273-D:1  Short Title.  This chapter may be cited as the “Right to Work Act.”

273-D:2  Declaration of Public Policy.  It is hereby declared to be 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, 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.

273-D:3  Definitions.  In this chapter:

I.  “Employer” means any individual, corporation, association, organization, or entity that employs one or more persons.  The term includes, but is not limited to, the state of New Hampshire and its agencies, every district, board, commission, instrumentality, or other unit whose governing body exercises similar governmental powers.  The term “employer” includes, but is not limited to, employers of agricultural labor.

II.  “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.

273-D:4  Freedom of Choice Guaranteed; Discrimination Prohibited.  No person 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-D:5  Voluntary Deductions Protected.  It shall be unlawful for any employer to deduct from the wages, earnings, or compensation of any employee any dues, fees, assessments, or other charges, to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation 30 days in advance of its effective date.  Every employer who receives such an authorization from an employee shall have a duty to promptly notify that employee in writing that the employee may revoke an authorization at any time by giving the employer 30 days written notice.

273-D:6  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 employer which violates the rights of employees as guaranteed by the provisions of this chapter 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 chapter is hereby declared to be for an illegal purpose and is a violation of the provisions of this chapter.

273-D:7  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.

273-D:8  Coercion and Intimidation Prohibited.  It shall be unlawful for any person, labor organization, or officer, agent, or member thereof, or employer, 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 chapter.  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-D:9  Penalties.  Any person, employer, labor organization, agent, or representative of an employer or labor organization, who directly or indirectly imposes upon any person any requirement prohibited by this chapter 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-D:10  Civil Remedies.  Any person harmed as a result of any violation or threatened violation of the provisions of this chapter 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 chapter.

273-D:11  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 chapter, 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 chapter.

273-D:12  Existing Contracts.  The provisions of this chapter shall apply to all contracts entered into on or after the effective date of this chapter and shall not apply to existing contracts, but shall apply to any renewal or extensions of such existing contracts.

273-D:13  Exceptions.  The provisions of this chapter shall not apply:

I.  To employers and employees covered by the federal Railway Labor Act.

II.  To federal employers and employees.

III.  To employers and employees on exclusive federal enclaves.

IV.  Where they would otherwise conflict with, or be preempted by, federal law.

273-D:14  Severability.  If any provision of this chapter 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 January 1, 2020.

 

LBAO

19-0688

1/10/19

 

HB 622-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting collective bargaining agreements that require employees to join or contribute to a labor union.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill prohibits collective bargaining agreements that require employees to join or contribute to a labor union.

 

The Judicial Branch indicates there are several provisions of this bill that may result in a fiscal impact to the Branch:

  • Proposed RSA 273-D provides for a misdemeanor for directly or indirectly imposing upon a person any requirement prohibited by the act.  
  • Proposed RSA 273-D:10 provides for civil remedies for violations or threatened violations of the act.  Civil remedies can be damages or injunctive relief.

 

The Branch has no information on how many additional cases may result from the bill but has provided information on estimated costs for various case types.

 

Judicial Branch

FY 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Complex Civil Cases (Actions for Damages)

$774

$782

Complex Equity Case (Injunctive Relief)

$783

$788.45

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

 

The Department of Justice indicates the Department and the county attorneys would be obligated to investigate and prosecute any claimed criminal violation of the proposed statute.  The Department assumes the bill would likely result in some additional investigative and prosecutorial responsibilities, the Department has no basis upon which to estimate the extent of the extra work and the resulting fiscal impact.  There would be no additional revenue to the Department.  

 

The Department of Labor assumes it would be involved by ensuring any withholdings associated with the payment of union dues were defined/demonstrably voluntary.  The Department states this would not require additional staff as this type of review is within the scope of existing inspection activities.

 

The Public Employees Labor Relations Board's jurisdiction is limited to public sector collective bargaining which covers state, county and local governments.  The Board indicates the extent to which enforcement activity may be required cannot be determined based on information currently available, therefore the fiscal impact is indeterminable.  

 

The New Hampshire Municipal Association states the fiscal impact on municipal expenditures is indeterminable.  The Association assumes it is possible there would be a fiscal impact, but cannot predict what the effect will be.  There would be no impact on municipal revenues.

 

The Department of Administrative Services, Division of Personnel states this bill would have no fiscal impact on the Department.

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Justice, Labor, Administrative Services, Public Employees Labor Relations Board, New Hampshire Association of Counties and New Hampshire Municipal Association

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 3 P. 22
Feb. 7, 2019 Public Hearing: 02/07/2019 01:00 pm LOB 305-307
Feb. 13, 2019 Executive Session: 02/13/2019 01:30 pm LOB 307
March 7, 2019 Majority Committee Report: Inexpedient to Legislate for 03/07/2019 (Vote 12-6; RC) HC 14 P. 14
Majority Committee Report: Inexpedient to Legislate (Vote 12-6; RC)
Minority Committee Report: Ought to Pass
March 7, 2019 Inexpedient to Legislate: MA RC 214-135 03/07/2019 HJ 8 P. 50

Action Dates

Date Body Type
Feb. 7, 2019 House Hearing
Feb. 13, 2019 House Exec Session
House Floor Vote
March 7, 2019 House Floor Vote

Bill Text Revisions

HB622 Revision: 4888 Date: Jan. 16, 2019, 8:48 a.m.