Bill Details - SB148 (2019)

SB 148 - AS AMENDED BY THE HOUSE

 

03/27/2019   1165s

8May2019... 1770h

2019 SESSION

19-1023

04/01

 

SENATE BILL 148

 

AN ACT relative to notification to public employees regarding their right to join or not join a union.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Sen. Morse, Dist 22

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Requires an employee organization to provide written notice to any person hired for employment with the state or any of its political subdivisions regarding the employee's right to decide whether to join or not to join a union and the estimated cost per pay period to the employee.  

 

II.  Requires a public employer to provide to an employee organization access to certain personal information of employees which the organization represents.

 

III.  Permits the inclusion of certain emails and other communications between an employee organization and its members in the proceedings and records of the public employee labor relations board.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/27/2019   1165s

8May2019... 1770h 19-1023

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to notification to public employees regarding their right to join or not join a union.

 

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

 

1  New Section; Public Employee Labor Relations; Notification of Rights Regarding Union Membership.  Amend RSA 273-A by inserting after section 11 the following new section:

273-A:11-a  Notification of Rights Regarding Union Membership.  

I.  A public employer shall provide to an employee organization access to members of the bargaining unit that the employee organization exclusively represents.  Access shall include the following:

(a)  The right to meet with affected employees on the premises of the public employer during the work day to investigate and discuss grievances and workplace-related complaints.

(b)  The right to conduct worksite meetings during lunch and other work breaks, and before and after the workday, on the employer’s premises to discuss workplace issues, collective bargaining negotiations, the administration of collective bargaining agreements, and other matters related to the duties of an exclusive representative.

(c)  The right to meet with newly-hired employees, without charge to the pay or leave time of the employees, for 60 minutes, not later than 10 calendar days after the employee’s first day of employment, during new employee orientations or, if the employer does not conduct new employee orientations, at individual or group meetings.  At this initial meeting, the employee organization shall inform the employee of his or her right to accept or decline union membership and his or her rights under the current collective bargaining agreement.  The employee shall also be provided with a written statement stating "union dues for the position for which you have been hired are estimated to be $_______ per pay period."

(d)  Meetings for any other purpose shall be by mutual agreement between the employee organization and the employer.

II.  The home address, personal email address, and home or mobile telephone number of an employee of a public agency or public body, as those terms are defined in RSA 91-A:1-a, which maintains records identifying its employees shall not be public, except that such information may be disclosed to an employee organization whose written purpose is to represent public employees in collective bargaining, or as otherwise required by law, or as is necessary in the performance of the employee's duties.  The home address, personal email address, and home or mobile telephone number of a family member of such employee contained in a record in the custody of a public agency or public body which maintains records identifying its employees shall not be public and may only be disclosed as required by law.

(a)  Notwithstanding RSA 91-A, emails and other communications between employee organizations and their members shall be private records and shall be prohibited from disclosure, provided that, subject to an order or ruling by the board, such emails and other communications may be included in board proceedings or board records.

(b)  The exclusive representative shall be allowed to use government buildings and other facilities that are owned or leased by government entities to conduct meetings consistent with the purposes established in this section; provided that the use does not interfere with governmental operations.  An exclusive representative conducting a meeting in a government building or other government facility pursuant to this paragraph may be charged for maintenance, security, and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity.

(c)  Nothing in this paragraph shall be construed to diminish the obligations of an employer to comply with a collective bargaining agreement that provides greater access and orientation rights than the rights established by law.

(d)  In this paragraph, “exclusive representative” means the employee organization certified by the board as the exclusive representative of the bargaining unit.

2  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Commerce; SJ 4
March 19, 2019 Hearing: 03/19/2019, Room 100, SH, 01:00 pm; SC 14
March 28, 2019 Committee Report: Ought to Pass with Amendment # 2019-1165s, 03/28/2019; Vote 5-0; CC; SC 15
March 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-1165s, 03/27/2019; Vote 5-0; CC; SC 15
March 27, 2019 Committee Amendment # 2019-1165s, AA, VV; 03/27/2019; SJ 10
March 27, 2019 Ought to Pass with Amendment 2019-1165s, MA, VV; OT3rdg; 03/27/2019; SJ 10
March 20, 2019 Introduced 03/20/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 11 P. 73
April 10, 2019 Public Hearing: 04/10/2019 10:00 am LOB 307
April 17, 2019 ==CANCELLED== Executive Session: 04/17/2019 02:30 pm LOB 307
April 24, 2019 Subcommittee Work Session: 04/24/2019 08:30 am LOB 307
May 1, 2019 Subcommittee Work Session: 05/01/2019 09:30 am LOB 307
May 1, 2019 Executive Session: 05/01/2019 10:30 am LOB 307
May 8, 2019 Committee Report: Ought to Pass with Amendment # 2019-1770h for 05/08/2019 (Vote 19-0; CC) HC 23 P. 6
Committee Report: Ought to Pass with Amendment # 2019-1770h (Vote 19-0; CC)
May 8, 2019 Amendment # 2019-1770h: AA VV 05/08/2019
May 8, 2019 Ought to Pass with Amendment 2019-1770h: MA VV 05/08/2019

Action Dates

Date Body Type
March 19, 2019 Senate Hearing
March 28, 2019 Senate Floor Vote
March 27, 2019 Senate Floor Vote
April 10, 2019 House Hearing
April 17, 2019 House Exec Session
May 1, 2019 House Exec Session
House Floor Vote
May 8, 2019 House Floor Vote

Bill Text Revisions

SB148 Revision: 5167 Date: Jan. 22, 2019, 8:29 a.m.
SB148 Revision: 5666 Date: March 27, 2019, 3:16 p.m.
SB148 Revision: 5876 Date: May 8, 2019, 11:08 a.m.