Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits collective bargaining agreements that require employees to join a labor union.

Highlights:

• Defines “labor organization” as 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 (Sec. 273-D:3-II).

• Prohibits any person from being required, as a condition of employment or continuation of employment (Sec. 273-D:4):

• To resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;

• To become or remain a member of a labor organization;

• To pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;

• 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

• To be recommended, approved, referred, or cleared by or through a labor organization.

• Prohibits 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 (Sec. 273-D:8).

• Specifies any person guilty of a violation for each offense is subject to a fine not exceeding $1,000, or to imprisonment not exceeding 90 days, or both (Sec. 273-D:9).

• Specifies any person harmed as a result of any violation or threatened violation are 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 (Sec. 273-D:10).

• Exempts the following from this law (Sec. 273-D:13):

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

• To federal employers and employees.

• To employers and employees on exclusive federal enclaves.

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

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits collective bargaining agreements that require employees to join a labor union.

Highlights:

• Defines “labor organization” as 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 (Sec. 273-D:3-II).

• Prohibits any person from being required, as a condition of employment or continuation of employment (Sec. 273-D:4):

• To resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;

• To become or remain a member of a labor organization;

• To pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;

• 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

• To be recommended, approved, referred, or cleared by or through a labor organization.

• Prohibits 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 (Sec. 273-D:8).

• Specifies any person guilty of a violation for each offense is subject to a fine not exceeding $1,000, or to imprisonment not exceeding 90 days, or both (Sec. 273-D:9).

• Specifies any person harmed as a result of any violation or threatened violation are 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 (Sec. 273-D:10).

• Exempts the following from this law (Sec. 273-D:13):

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

• To federal employers and employees.

• To employers and employees on exclusive federal enclaves.

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

Full Bill Text