Bill Text: AZ HB2318 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Unions; public employees; prohibitions.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-01-18 - Referred to House ERA Committee [HB2318 Detail]
Download: Arizona-2012-HB2318-Introduced.html
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REFERENCE TITLE: unions; public employees; prohibitions. |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2318 |
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Introduced by Representatives Smith D, Fann, Stevens, Williams: Crandell, Gowan
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AN ACT
amending title 23, chapter 8, Arizona Revised Statutes, by adding article 7; relating to PROHIBITED PUBLIC SECTOR UNION EMPLOYMENT BARGAINS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section|1. Title 23, chapter 8, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. PROHIBITED PUBLIC SECTOR UNION EMPLOYMENT BARGAINS
23‑1421. Definitions
In this article, unless the context otherwise requires:
1. "Employment bargain" means any formal or informal employment contract, agreement or understanding regarding the wages, benefits or terms and conditions of employment of any public employee.
2. "Public employee" means any individual who is employed by a public employer.
3. "Union" means any association or organization, incorporated or unincorporated, that primarily exists to represent the interests of member employees in wages, benefits, and terms and conditions of employment.
23-1422. Public employees; unions; prohibitions; enforcement
A. No state agency or political subdivision of this state is vested or possesses any authority to:
1. Recognize any union as a bargaining agent of any public officer or employee.
2. Collectively bargain or enter into any employment bargain with any union or its agents.
3. Meet and confer with any union that represents any public officer or public employee for the purpose of discussing or reaching any employment bargain.
B. Any employment bargain between the governing authority of any state agency or political subdivision, or between any agency, unit or instrumentality thereof, and any union as bargaining agent for any public officer or public employee, is hereby declared to be against public policy of this state, illegal, unlawful, void and of no effect.
C. Any policy, rule or regulation of any state agency or political subdivision of this state that incorporates the terms and conditions of any employment bargain that violates this section is void.
D. This section does not apply to any existing nonexecutory contracts in effect before the effective date of this section but an existing contract shall not be renewed if the contract has any terms that conflict with this section.
E. The attorney general shall enforce this section. Any taxpayer of the jurisdiction in which a violation of this section occurs has standing in any court of record to bring a special action against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section.
23-1423. State preemption of inconsistent local laws
The prohibition of public sector union employment bargains is a matter of statewide concern. The regulation of public sector union employment bargains pursuant to this article is not subject to further inconsistent regulation by a county, city, town or other political subdivision of this state. This article preempts all inconsistent rules, regulations, codes, ordinances and other laws adopted by a county, city, town or other political subdivision of this state regarding public sector union employment bargains.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
