Missouri gets ALEC Right To Work for Less

Missouri Right to Work for Less

Bill Text

Introduced (HTML | PDF)

1/13/2013 5:55:27 PM

INTRODUCED BY ALEC REPRESENTATIVES BURLISON (Sponsor),

Co-sponsor  ALEC JONES (110),

(Co-sponsors).

ANDERSON

BAHR,

ALEC  BRATTIN,

COOKSON,

ALEC DIEHL,

ALEC DUGGER,

ELMER,

ALEC FREDERICK,

ALEC JONES (110),

ALEC KELLEY).

ALEC LANT,

ALEC LICHTENEGGER,

MORRIS,

ALEC REIBOLDT,

ALEC ROSS,

SCHATZ,

ALEC WHITE,

Looks like we have five legislators vying for an all expense paid trip to Chicago in August for the Annual meeting of the American Legislative Exchange Council.

The bill contains a referendum clause and will be submitted to qualified voters in November 2013.

HB 77 -- Labor Organizations Sponsor: Burlison Be it enacted by the General Assembly of the state of Missouri, as follows:             Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.589, to read as follows:             290.589. 1. As used in this section, the term "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.             2. No person shall be required as a condition or continuation of employment to:             (1) Become or refrain from becoming a member of a labor organization;             (2) Pay any dues, fees, assessments, or other similar charges however denominated of any kind or amount to a labor organization; or               (3) In lieu of the payments listed under subdivision (2) of this subsection, pay to any charity or other third party any amount equivalent to, or on a pro rata basis, any dues, fees, assessments, or other charges required of members of a labor organization.             3. Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed under this section is declared to be unlawful, null and void, and of no legal effect.             4. Any person who directly or indirectly violates any provision of this section shall be guilty of a class C misdemeanor.             5. (1) Any person injured as a result of any violation or threatened violation of this section shall be entitled to injunctive relief against any and all violators or persons threatening violations.             (2) Any person injured as a result of any violation or threatened violation of this section may recover any and all damages of any character resulting from such violation or threatened violation including costs and reasonable attorney fees. Such remedies shall be independent of and in addition to the other penalties and remedies proscribed under this section.             6. It shall be the duty of the prosecuting attorney of each county and of the attorney general of this state to investigate complaints of violation or threatened violation of this section and to prosecute any person violating this section and to use all means at their command to ensure the effective enforcement of this section.            7. This section shall not apply:             (1) To employers and employees covered by the federal Railway Labor Act;             (2) To federal employers and employees;             (3) To employers and employees on exclusive federal enclaves;             (4) Where this section conflicts with or is preempted by federal law; or             (5) To any collective bargaining agreement or any other type of agreement between an employer and a labor organization entered into before the effective date of this section but shall apply to any new agreement or renewal or extension of any existing collective bargaining agreement.             Section B. This act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in November, 2013, pursuant to the laws and constitutional provisions of this state for the submission of referendum measures by the general assembly, and this act shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise.

Right to Work Act Summary ALEC's model Right to Work Act provides that no employee need join or pay dues to a union, or refrain from joining a union, as a condition of employment. The Act establishes penalties and remedies for violations of the Act's provisions. Model Legislation {Title, enacting clause, etc.} Section 1. { Title.} This Act may be cited as the Right to Work Act. Section 3. {Labor organization.} The term "labor organization" means any organization of any kind, or agency or employee representation committee or union, that 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. Section 4. {Freedom of choice guaranteed, discrimination prohibited.} No person shall be required, as a condition of employment or continuation of employment: (A) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization; (B) to become or remain a member of a labor organization; (C) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization; (D) to pay to 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 regularly required of members of a labor organization; or (E) to be recommended, approved, referred, or cleared by or through a labor organization. Section 6. {Agreements in violation, and actions to induce such agreements, declared illegal.} Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Section 9. {Civil remedies.} Any employee harmed 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 and may in addition thereto 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 prescribed in other provisions of this chapter. Section 10. {Duty to investigate.} It shall be the duty of the prosecuting attorneys of each county (or the attorney general of this state) to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.