HB 37: "An Act relating to the relationship between employees and labor organizations; prohibiting collective bargaining contracts that require employees to join a labor or employee organization; extending the policy and limitations set out in this Act to public employers and public employees subject to the Public Employment Relations Act; and providing for an effective date."
00 HOUSE BILL NO. 37 01 "An Act relating to the relationship between employees and labor organizations; 02 prohibiting collective bargaining contracts that require employees to join a labor or 03 employee organization; extending the policy and limitations set out in this Act to public 04 employers and public employees subject to the Public Employment Relations Act; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 23.10 is amended by adding new sections to article 7 to read: 08 Sec. 23.10.441. Declaration of policy. It is the policy of the state, in order to 09 maximize individual freedom of choice in the pursuit of employment and to encourage 10 an employment climate that is conducive to economic growth, that the right to work is 11 not subject to undue restraint or coercion. The right to work may not be infringed or 12 restricted in any way based on membership in, affiliation with, or financial support of 13 a labor organization or based on an individual's refusal to join, affiliate with, or
01 support in any way a labor organization. 02 Sec. 23.10.443. Freedom of choice guaranteed. (a) A person may not be 03 required as a condition of employment or of the continuation of employment to 04 (1) resign from or refrain from voluntary 05 (A) membership in a labor organization; 06 (B) affiliation with a labor organization; 07 (C) financial support of a labor organization; 08 (2) become or remain a member of a labor organization; 09 (3) pay dues, fees, assessments, or other charges of any kind to a labor 10 organization; 11 (4) pay to a charity or other third party, in lieu of payments to a labor 12 organization, dues, fees, assessments, or charges of any kind in an amount equivalent 13 to, or that is a pro rata portion of, the dues, fees, assessments, or other charges paid to 14 a labor organization; 15 (5) be referred, recommended, approved, or cleared for hiring or for 16 continued employment by or through a labor organization. 17 (b) An employer may deduct dues, fees, assessments, or other charges for a 18 labor organization from the compensation of an employee only if the employee has 19 authorized the deduction by filing a signed, written authorization for the deductions 20 with the employer. An employee may revoke an authorization filed under this 21 subsection at any time by giving written notice of the revocation to the employer. 22 (c) An agreement, understanding, or practice, whether written or oral, implied 23 or expressed, between a labor organization and an employer that violates the rights of 24 employees guaranteed by this section is void. A strike, picket, boycott, or other action 25 by a labor organization for the purpose of inducing or attempting to induce an 26 employer to enter into an agreement that is contrary to this section is a violation of this 27 section. 28 (d) A person, a labor organization, or an officer, agent, or member of a labor 29 organization may not 30 (1) compel or attempt to compel by means of a threat, intimidation, or 31 other coercion an employee to join, affiliate with, or financially support a labor
01 organization or to refrain from doing so; or 02 (2) cause or attempt to cause an employee to be denied employment or 03 discharged from employment by inducing or attempting to induce another person to 04 refuse to work with the employee because the employee supports or fails to support a 05 labor organization. 06 Sec. 23.10.445. Criminal and civil penalties. (a) A person who knowingly 07 violates a provision of AS 23.10.441 - 23.10.449 is guilty of a class B misdemeanor. 08 In this subsection, "knowingly" has the meaning given in AS 11.81.900. 09 (b) An employee who is injured as a result of a violation or threatened 10 violation of AS 23.10.441 - 23.10.449 is entitled to injunctive relief, damages, or both, 11 against a person who violates AS 23.10.441 - 23.10.449 to prevent or redress a 12 violation of those sections. A court may award costs and reasonable attorney fees 13 allowed under the Alaska Rules of Civil Procedure to a party entitled to injunctive 14 relief or damages. 15 (c) The attorney general shall investigate complaints of a violation of 16 AS 23.10.441 - 23.10.449 and shall prosecute persons who have violated 17 AS 23.10.441 - 23.10.449. 18 Sec. 23.10.447. Relationship to federal law. (a) The provisions of 19 AS 23.10.441 - 23.10.449 do not apply to 20 (1) federal employers and employees, including employers and 21 employees who are covered by the federal Railway Labor Act (45 U.S.C. 151 - 188); 22 or 23 (2) employers who operate within a federal enclave that is not subject 24 to state sovereignty. 25 (b) If a provision of AS 23.10.441 - 23.10.449 is preempted by or conflicts 26 with federal law in a particular situation, the provision does not apply to the extent of 27 the preemption or conflict. 28 Sec. 23.10.449. Definition for AS 23.10.441 - 23.10.449. In AS 23.10.441 - 29 23.10.449, "labor organization" means an organization of any kind, an agency, an 30 employee representation committee, or a union that exists at least partly for the 31 purpose of dealing with employers concerning wages, hours, and other terms and
01 conditions of employment. 02 * Sec. 2. AS 23.40.225 is repealed and reenacted to read: 03 Sec. 23.40.225. Prohibition against union shop or agency shop provisions 04 in collective bargaining agreements. A public employer that enters into a collective 05 bargaining agreement under AS 23.40.210 or an agreement entered into after 06 arbitration under AS 23.40.200 shall comply with AS 23.10.441 - 23.10.449. 07 * Sec. 3. AS 23.40.110(b) is repealed. 08 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. This Act applies to 11 (1) a collective bargaining agreement or contract, or an agreement affecting 12 parties to a collective bargaining agreement entered into under AS 23.40.070 - 23.40.260 13 (Public Employment Relations Act) entered into because of an arbitration under 14 AS 23.40.200, that is entered into on or after the effective date of this Act; 15 (2) an agreement, entered into on or after the effective date of this Act to 16 renew or extend a collective bargaining agreement or contract; and 17 (3) an agreement entered into on or after the effective date of this Act that 18 affects parties to a collective bargaining agreement entered into under AS 23.40.070 - 19 23.40.260 (Public Employment Relations Act) because of an arbitration under AS 23.40.200. 20 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).