HB 311: "An Act relating to the relationship between employees, including public employees, and labor organizations; relating to the relationship between employers and labor organizations; prohibiting collective bargaining contracts that require employees to join a labor or employee organization; relating to the deduction of labor or employee organization dues, fees, and other employee benefits from the pay of certain public employees; and providing for an effective date."
00 HOUSE BILL NO. 311 01 "An Act relating to the relationship between employees, including public employees, and 02 labor organizations; relating to the relationship between employers and labor 03 organizations; prohibiting collective bargaining contracts that require employees to join 04 a labor or employee organization; relating to the deduction of labor or employee 05 organization dues, fees, and other employee benefits from the pay of certain public 06 employees; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 23.10 is amended by adding new sections to read: 09 Article 7A. Employees and Labor Organizations. 10 Sec. 23.10.441. Employees and labor organizations. (a) An employer may 11 not require a person as a condition of either employment or the continuation of 12 employment to 13 (1) become or remain a member of a labor organization;
01 (2) pay dues, fees, assessments, or other charges of any kind to a labor 02 organization; 03 (3) pay a charity or other third party, instead of payments to a labor 04 organization, dues, fees, assessments, or charges in an amount equivalent to, or that is 05 a pro rata portion of, the dues, fees, assessments, or other charges paid to a labor 06 organization. 07 (b) An agreement, understanding, or practice, whether written or oral, implied 08 or expressed, between a labor organization and an employer that violates the rights of 09 employees guaranteed by this section is void. 10 (c) An agreement or understanding between an employee and a labor 11 organization or employer that restricts the rights of the employee guaranteed by this 12 section is void. 13 Sec. 23.10.443. Criminal and civil penalties. (a) A person who knowingly 14 violates a provision of AS 23.10.441- 23.10.449 is guilty of a class B misdemeanor 15 punishable as provided in AS 12.55. In this subsection, "knowingly" has the meaning 16 given in AS 11.81.900. 17 (b) An employee who is injured as a result of a violation or threatened 18 violation of AS 23.10.441 - 23.10.449 is entitled to injunctive relief, damages, or both, 19 against a person who violates AS 23.10.441 - 23.10.449 to prevent or redress a 20 violation of those sections. A court may award costs and reasonable attorney fees 21 allowed under the Alaska Rules of Civil Procedure to a party entitled to injunctive 22 relief or damages. 23 (c) The attorney general shall investigate complaints of a violation of 24 AS 23.10.441 - 23.10.449 and shall prosecute persons who have violated 25 AS 23.10.441 - 23.10.449. 26 Sec. 23.10.445. Relationship to federal law. (a) The provisions of 27 AS 23.10.441 - 23.10.449 do not apply to 28 (1) federal employers and employees; 29 (2) employers and employees who are covered by the federal Railway 30 Labor Act (45 U.S.C. 151 - 188); or 31 (3) employers who operate within a federal enclave that is not subject
01 to state sovereignty. 02 (b) If a provision of AS 23.10.441 - 23.10.449 is preempted by or conflicts 03 with federal law in a particular situation, the provision does not apply to the extent of 04 the preemption or conflict. 05 Sec. 23.10.449. Definition. In AS 23.10.441 - 23.10.449, "labor organization" 06 means an organization of any kind, an agency, an employee representation committee, 07 or a union that exists at least partly for the purpose of dealing with employers 08 concerning wages, hours, and other terms and conditions of employment. 09 * Sec. 2. AS 23.40.220 is amended to read: 10 Sec. 23.40.220. Labor or employee organization dues and employee 11 benefits; [,] deduction and authorization. Upon written authorization of a public 12 employee within a bargaining unit, the public employer shall deduct from the payroll 13 of the public employee the monthly amount of dues, fees, and other employee benefits 14 as certified by the secretary of the exclusive bargaining representative and shall 15 deliver it to the chief fiscal officer of the exclusive bargaining representative. The 16 public employee may revoke the authorization for the deduction of dues, fees, 17 and other employee benefits at any time and without restriction by providing 18 notice to the public employer. 19 * Sec. 3. AS 23.40 is amended by adding a new section to read: 20 Sec. 23.40.227. Public employees and labor organizations. A public 21 employer that enters into a collective bargaining agreement under AS 23.40.210 or an 22 agreement entered into after arbitration under AS 23.40.200 shall comply with 23 AS 23.10.441 - 23.10.449. 24 * Sec. 4. AS 42.40.870 is amended to read: 25 Sec. 42.40.870. Organization dues and employee benefits; deduction and 26 authorization. Upon written authorization of an employee within a bargaining unit, 27 the corporation shall deduct from the payroll of the employee the monthly amount of 28 dues, fees, and other employee benefits as certified by the secretary of the exclusive 29 bargaining representative and shall deliver it to the chief fiscal officer of the exclusive 30 bargaining representative. The employee may revoke the authorization for the 31 deduction of dues, fees, and other employee benefits at any time without
01 restriction by providing notice to the corporation. 02 * Sec. 5. AS 42.40 is amended by adding a new section to read: 03 Sec. 42.40.883. Employees and labor organizations. The corporation shall, 04 in a collective bargaining settlement reached or agreement entered into under 05 AS 42.40.860, comply with AS 23.10.441 - 23.10.449. 06 * Sec. 6. AS 23.40.110(b), 23.40.225; AS 42.40.760(b), and 42.40.880 are repealed. 07 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. This Act applies to a collective bargaining agreement or contract, 10 or agreement to renew or extend a collective bargaining agreement or contract, that is entered 11 into on or after the effective date of this Act, including 12 (1) a collective bargaining agreement or contract, or an agreement affecting 13 parties to a collective bargaining agreement entered into under AS 23.40.070 - 23.40.260 14 (Public Employment Relations Act) entered into because of an arbitration under 15 AS 23.40.200, that is entered into on or after the effective date of this Act; 16 (2) a collective bargaining agreement or contract, or an agreement affecting 17 parties to a collective bargaining agreement entered into under AS 42.40.705 - 42.40.890 18 entered into because of an arbitration under AS 42.40.860, that is entered into on or after the 19 effective date of this Act. 20 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).