SB 230: "An Act relating to the relationship between employees and labor oganizations; and prohibiting collective bargaining contracts that require employees to join a labor or employee organization; and providing for an effective date."
00SENATE BILL NO. 230 01 "An Act relating to the relationship between employees and labor oganizations; 02 and prohibiting collective bargaining contracts that require employees to join a 03 labor or employee organization; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 23.40.225 is repealed and reenacted to read: 06 Sec. 23.40.225. Prohibition against union shop or agency shop provisions 07 in collective bargaining agreements. A collective bargaining agreement entered into 08 under AS 23.40.210 or an agreement entered into after arbitration under AS 23.40.200 09 shall comply with AS 23.40.300 - 23.40.350. 10 * Sec. 2. AS 23.40 is amended by adding new sections to read: 11 Article 3. Freedom of Choice. 12 Sec. 23.40.300. Declaration of policy. It is the policy of the state, in order 13 to maximize individual freedom of choice in the pursuit of employment and to 14 encourage an employment climate that is conducive to economic growth, that the right
01 to work is not subject to undue restraint or coercion. The right to work may not be 02 infringed or restricted in any way based on membership in, affiliation with, or financial 03 support of a labor organization or based on an individual's refusal to join, affiliate 04 with, or support in any way a labor organization. 05 Sec. 23.40.310. Freedom of choice guaranteed. (a) A person may not be 06 required as a condition of employment or of the continuation of employment to 07 (1) resign from or refrain from voluntary 08 (A) membership in a labor organization; 09 (B) affiliation with a labor organization; 10 (C) financial support of a labor organization; 11 (2) become or remain a member of a labor organization; 12 (3) pay dues, fees, assessments, or other charges of any kind to a labor 13 organization; 14 (4) pay to a charity or other third party, in lieu of payments to a labor 15 organization, dues, fees, assessments, or charges of any kind in an amount equivalent 16 to, or that is a pro rata portion of, the dues, fees, assessments, or other charges paid 17 to a labor organization; 18 (5) be referred, recommended, approved, or cleared for hiring or for 19 continued employment by or through a labor organization. 20 (b) An employer may only deduct dues, fees, assessments, or other charges for 21 a labor organization from the compensation of an employee if the employee has 22 authorized the deduction by filing a signed, written authorization for the deductions 23 with the employer. An employee may revoke an authorization filed under this 24 subsection at any time by giving written notice of the revocation to the employer. 25 (c) An agreement, understanding, or practice, whether written or oral, implied 26 or expressed, between a labor organization and an employer that violates the rights of 27 employees guaranteed by this section is void. A strike, picket, boycott, or other action 28 by a labor organization for the purpose of inducing or attempting to induce an 29 employer to enter into an agreement that is contrary to this section is a violation of 30 this section. 31 (d) A person, a labor organization, or an officer, agent, or member of a labor
01 organization may not 02 (1) compel or attempt to compel by means of a threat, intimidation, or 03 other coercion an employee to join, affiliate with, or financially support a labor 04 organization or to refrain from doing so; or 05 (2) cause or attempt to cause an employee to be denied employment 06 or discharged from employment by inducing or attempting to induce another person 07 to refuse to work with the employee because the employee supports or fails to support 08 a labor organization. 09 Sec. 23.40.320. Criminal and civil penalties. (a) A person who knowingly 10 violates a provision of AS 23.40.300 - 23.40.350 directly or indirectly is guilty of a 11 class B misdemeanor. In this subsection, "knowingly" has the meaning given in 12 AS 11.81.900. 13 (b) An employee who is injured as a result of a violation or threatened 14 violation of AS 23.40.300 - 23.40.350 is entitled to injunctive relief, damages, or both, 15 against a person who violates AS 23.40.300 - 23.40.350 to prevent or redress a 16 violation of those sections. A court may award costs and reasonable attorney fees to 17 a party entitled to injunctive relief or damages. 18 (c) The attorney general shall investigate complaints of a violation of 19 AS 23.40.300 - 23.40.350 and shall prosecute persons who have violated AS 23.40.300 20 - 23.40.350. 21 Sec. 23.40.350. Definition for AS 23.40.300 - 23.40.350. In AS 23.40.300 - 22 23.40.350, "labor organization" means an organization of any kind, an agency, an 23 employee representation committee, or a union that exists at least partly for the 24 purpose of dealing with employers concerning wages, hours, and other terms and 25 conditions of employment. 26 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 PROSPECTIVE APPLICABILITY OF THIS ACT. The provisions of this Act do not 29 apply to an act or omission authorized or required under a contract entered into before the 30 effective date of this Act or under a renewal or extension of a contract if the renewal or 31 extension is entered into before the effective date of this Act.
01 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).