Bill Text: AZ SB1233 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Right to work; unions
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-01-28 - Referred to Senate CED Committee [SB1233 Detail]
Download: Arizona-2010-SB1233-Introduced.html
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REFERENCE TITLE: right to work; unions |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1233 |
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Introduced by Senators Burton Cahill, Rios: Aboud, Alvarez, Garcia, Lopez; Representatives Ableser, Lopes
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AN ACT
Amending sections 23-1302, 23-1304, 23-1305, 23-1306 and 23-1501, arizona revised statutes; relating to Labor Relations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-1302, Arizona Revised Statutes, is amended to read:
23-1302. Prohibition of agreements denying employment because of membership or nonmembership in labor organization
A. No A person shall not be denied the opportunity to obtain or retain employment because of membership or nonmembership in a labor organization, nor shall the state or any political subdivision thereof, of the state or any corporation, individual, or association of any kind enter into an agreement, written or oral, which that excludes a person from employment or continuation of employment because of membership or nonmembership in a labor organization.
B. The right of employees to bargain collectively by and through a labor organization shall not be denied or abridged.
Sec. 2. Section 23-1304, Arizona Revised Statutes, is amended to read:
23-1304. Prohibition of threatened or actual interference to compel a person to join or not join labor organization, strike or leave employment
A. It is unlawful for an employee, labor organization, or officer, agent or member thereof of a labor organization, by any threatened or actual interference with the a person, his or the person's immediate family or his property, to compel or attempt to compel such a person to join a labor organization, to strike against his the person's will or to leave his the person's employment.
B. It is unlawful for any employer, consultant, officer, agent or other employee, by any threatened or actual interference with a person or the person's immediate family or property, to compel or attempt to compel the person not to join a labor organization or to leave the person's employment against the person's will. This subsection applies to and protects a person who is engaged in labor organizing efforts while the person is off duty.
Sec. 3. Section 23-1305, Arizona Revised Statutes, is amended to read:
23-1305. Prohibition of conspiracy to induce persons to refuse to work with members or nonmembers of a labor organization
A combination or conspiracy by two or more persons to cause the discharge or disciplinary action of any person or to cause him that person to be denied employment because he the person is or is not a member of a labor organization by inducing or attempting to induce any other person to refuse to work with such that person, is illegal.
Sec. 4. Section 23-1306, Arizona Revised Statutes, is amended to read:
23-1306. Civil liability of person violating article
A person who violates any provision of this article, or who enters into an agreement containing a provision declared illegal by this article, or who brings about the discharge of, discipline of or denial of employment to any person because of membership or nonmembership in a labor organization shall be liable to the person injured as the result of such act or provision and may be sued therefor, and in such action any labor organization, employer, political subdivision or local or subsidiary thereof shall be bound by the acts of its duly authorized agents acting within the scope of their authority, and may sue or be sued in its common name.
Sec. 5. Section 23-1501, Arizona Revised Statutes, is amended to read:
23-1501. Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment
The public policy of this state is that:
1. The employment relationship is contractual in nature.
2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in this paragraph shall be construed to affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.
3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:
(a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this section, in which case the remedies for the breach are limited to the remedies for a breach of contract.
(b) The employer has terminated the employment relationship of an employee in violation of a statute of this state. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute, including the following:
(i) The civil rights act prescribed in title 41, chapter 9.
(ii) The occupational safety and health act prescribed in chapter 2, article 10 of this title.
(iii) The statutes governing the hours of employment prescribed in chapter 2 of this title.
(iv) The agricultural employment relations act prescribed in chapter 8, article 5 of this title.
All definitions and restrictions contained in the statute also apply to any civil action based on a violation of the public policy arising out of the statute. If the statute does not provide a remedy to an employee for the violation of the statute, the employee shall have the right to bring a tort claim for wrongful termination in violation of the public policy set forth in the statute.
(c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:
(i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.
(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.
(iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.
(iv) Service on a jury as protected by section 21‑236.
(v) The exercise of voting rights as protected by section 16‑1012.
(vi) The exercise of free choice with respect to membership or nonmembership in a labor organization as protected by section 23‑1302.
(vii) Service in the national guard or armed forces as protected by sections 26‑167 and 26‑168.
(viii) The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment as protected by section 23‑202.
(ix) The exercise of the right to be free from coercion to purchase goods or supplies from any particular person as a condition of employment as protected by section 23‑203.
(x) The exercise of a victim's leaves right to leave work as provided in sections 8‑420 and 13‑4439.
(d) In the case of a public employee, if the employee has a right to continued employment under the United States Constitution, the Arizona Constitution, Arizona Revised Statutes, any applicable regulation, policy, practice, or contract of the state, any subdivision of the state or other public entity, or any ordinance of any political subdivision of the state.
