MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Labor

By: Senator(s) Flowers

Senate Bill 2044

AN ACT RELATING TO THE RIGHT TO WORK; TO PROVIDE THAT THE RIGHT TO WORK SHALL NOT BE INFRINGED OR RESTRICTED IN ANY WAY BASED ON MEMBERSHIP IN, AFFILIATION WITH, OR FINANCIAL SUPPORT OF A LABOR ORGANIZATION OR ON THE REFUSAL TO JOIN, AFFILIATE WITH, OR FINANCIALLY OR OTHERWISE SUPPORT A LABOR ORGANIZATION; TO AUTHORIZE EMPLOYERS TO DEDUCT UNION FEES FROM AN EMPLOYEE'S WAGES WITH THE EMPLOYEE'S SIGNED WRITTEN AUTHORIZATION, BUT TO PROHIBIT ANY REQUIREMENT FOR THE PAYMENT OF DUES OR FEES TO A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT; TO PROHIBIT COERCION AND INTIMIDATION RELATING TO SUCH ACTION; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATION OF THIS ACT; TO PROVIDE CIVIL REMEDIES FOR VIOLATION OF THIS ACT; TO PROVIDE THAT THIS ACT APPLIES TO PRIVATE AND PUBLIC EMPLOYERS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

      SECTION 1.  Declaration of public policy.  It is hereby declared to be the public policy of the State of Mississippi, in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that the right to work shall not be subject to undue restraint or coercion.  The right to work shall not be infringed or restricted in any way based on membership in, affiliation with, or financial support of a labor organization or on refusal to join, affiliate with, or financially or otherwise support a labor organization.

      SECTION 2.  Labor organization.  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.

      SECTION 3.  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, or, (b) to become or remain a member of a labor organization, or, (c) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization, or, (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 4.  Voluntary payments protected.  (1)  It shall be unlawful to deduct from the wages, earnings or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation to the employer.

      (2)  Deductions for political activities shall not be deducted from the wages, earnings or compensation of an employee.

      (3)  Nothing in this act shall prohibit an employee from personally paying contributions for political activities to a labor organization unless such payment is prohibited by law.

      SECTION 5.  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 which violates the rights of employees as guaranteed by provisions of this act is hereby declared to be unlawful, null and void, and of no legal effect.  Any strike, picketing, boycott, or other action by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this act is hereby declared to be for an illegal purpose and is a violation of the provisions of this act.

      SECTION 6.  Coercion and intimidation prohibited.  It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer or agent thereof, by any threatened or actual intimidation of an employee or prospective employee or his 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 his 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, or to otherwise forfeit his rights as guaranteed by provisions of this act.  It shall also be unlawful to cause or attempt to cause such employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employee.

      SECTION 7.  Penalties.  Any person who directly or indirectly violates any provision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment.

      SECTION 8.  Civil remedies.  Any employee injured as a result of any violation or threatened violation of the provisions of this act 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 act.

      SECTION 9.  Duty to investigate.  It shall be the duty of the district attorneys of each county and of the Attorney General of this state to investigate complaints of violation or threatened violations of this act and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.

      SECTION 10.  Prospective application.  The provisions of this act shall apply to all contracts entered into after the effective date of this act and shall apply to any renewal or extension of any existing contract.

      SECTION 11.  Applicability.  The provisions of this act are applicable to all employment, private and public, including all employees of the state and its political subdivisions.

      SECTION 12.  Severability.  The provisions of this act are hereby declared to be severable, and if any provision is declared void, invalid, or unenforceable in whole or in part, such declaration shall not affect the remaining provisions of this act.

      SECTION 13.  This act shall take effect and be in force from and after July 1, 2011.