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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-D the following new chapter:
CHAPTER 273-E
RIGHT TO WORK
273-E:1 Short Title. This chapter may be cited as "right to work."
273-E: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 join or assist labor organizations, or to refrain from any such activity.
273-E:3 Definitions. Unless the context clearly requires otherwise, the following terms shall have the following meanings:
I. "Employer" means any individual, corporation, association, organization, or entity that employs one or more persons. The term includes, but is not limited to, all persons, firms, associations, corporations, public employers, public school employers, public colleges, universities, institutions, education agencies, employers of agricultural labor, the state of New Hampshire and its agencies, every district, board, commission, instrumentality, or other unit whose governing body exercises similar governmental powers.
II. "Labor organization" means any organization of any kind, or agency or employee representation committee or union, which exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation.
273-E:4 Right to Refrain. No person shall be required, as a condition of employment or continuation of employment, to:
I. Become or remain a member of a labor organization;
II. Pay any dues, fees, assessments, or other similar charges, however denominated, of any kind or amount to a labor organization; or
III. Pay any charity or other third party, in lieu of such payments, any amount equivalent to or pro-rata portion of dues, fees, assessments, or other charges required of members of a labor organization.
273-E:5 Prohibited Agreements.
I. 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 provisions of this chapter shall be prohibited.
II. Any term or provision of any agreement or understanding between any employee and any labor organization or employer that restricts the rights of employees as established by provisions of this chapter, such as a term that requires employees who resign their membership in a labor organization to continue to pay dues, fees, assessments, or other similar charges to that labor organization, shall be prohibited.
273-E:6 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-E:7 Injunctive Relief. Any person injured 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 violations.
273-E:8 Damages. Any person injured as a result of any violation or threatened violation of the provisions of this chapter shall recover any and all damages, including costs and reasonable attorney fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of, and in addition to, the penalties and remedies proscribed in other provisions of this chapter.
273-E:9 Duty to Investigate and Enforce. The attorney general, or his or her designee, shall investigate any complaints of violation of this chapter, and shall prosecute all persons violating any of its provisions, and use all means at their command to ensure effective enforcement of the provisions of this chapter.
273-D:10 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; or
V. To any employment contract entered into before the effective date of this chapter. However, the provisions of this chapter shall apply to any renewal or extension of any existing contract.
273-E:11 Severability Clause. 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 upon its passage.
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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-D the following new chapter:
CHAPTER 273-E
RIGHT TO WORK
273-E:1 Short Title. This chapter may be cited as "right to work."
273-E: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 join or assist labor organizations, or to refrain from any such activity.
273-E:3 Definitions. Unless the context clearly requires otherwise, the following terms shall have the following meanings:
I. "Employer" means any individual, corporation, association, organization, or entity that employs one or more persons. The term includes, but is not limited to, all persons, firms, associations, corporations, public employers, public school employers, public colleges, universities, institutions, education agencies, employers of agricultural labor, the state of New Hampshire and its agencies, every district, board, commission, instrumentality, or other unit whose governing body exercises similar governmental powers.
II. "Labor organization" means any organization of any kind, or agency or employee representation committee or union, which exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation.
273-E:4 Right to Refrain. No person shall be required, as a condition of employment or continuation of employment, to:
I. Become or remain a member of a labor organization;
II. Pay any dues, fees, assessments, or other similar charges, however denominated, of any kind or amount to a labor organization; or
III. Pay any charity or other third party, in lieu of such payments, any amount equivalent to or pro-rata portion of dues, fees, assessments, or other charges required of members of a labor organization.
273-E:5 Prohibited Agreements.
I. 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 provisions of this chapter shall be prohibited.
II. Any term or provision of any agreement or understanding between any employee and any labor organization or employer that restricts the rights of employees as established by provisions of this chapter, such as a term that requires employees who resign their membership in a labor organization to continue to pay dues, fees, assessments, or other similar charges to that labor organization, shall be prohibited.
273-E:6 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-E:7 Injunctive Relief. Any person injured 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 violations.
273-E:8 Damages. Any person injured as a result of any violation or threatened violation of the provisions of this chapter shall recover any and all damages, including costs and reasonable attorney fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of, and in addition to, the penalties and remedies proscribed in other provisions of this chapter.
273-E:9 Duty to Investigate and Enforce. The attorney general, or his or her designee, shall investigate any complaints of violation of this chapter, and shall prosecute all persons violating any of its provisions, and use all means at their command to ensure effective enforcement of the provisions of this chapter.
273-D:10 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; or
V. To any employment contract entered into before the effective date of this chapter. However, the provisions of this chapter shall apply to any renewal or extension of any existing contract.
273-E:11 Severability Clause. 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 upon its passage.