Bill Text: CA AB1174 | 2017-2018 | Regular Session | Introduced
Bill Title: Right to work: labor organizations.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2017-05-16 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1174 Detail]
Download: California-2017-AB1174-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1174 |
| Introduced by Assembly Member Harper (Principal coauthor: Senator Moorlach) |
February 17, 2017 |
An act to amend Section 922 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1174, as introduced, Harper.
Right to work: labor organizations.
Under existing law, it is against public policy for an employer and a prospective employee to enter into an agreement whereby either or both of them promise to join, or not to join, or remain a member of, a labor or an employer organization or to withdraw from an employment relation should one party or the other join or remain a member of a labor or employer organization. Existing law also grants state employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of employer-employee relations and provides that once an employee organization is recognized as the exclusive representative of an appropriate bargaining unit, it may enter into an agreement with the state employer to provide for organizational security in the form of maintenance of membership or fair share fee deduction.
Under existing law, it is a misdemeanor for an employer to coerce or compel a person to enter into an agreement to not join or to become a member of, a labor organization, as a condition of securing or continuing in employment.
This bill would, commencing January 1, 2018, prohibit a person from requiring an employee, as a condition of obtaining or continuing employment, to contribute financial support to a labor organization or financially support a charity or other organization sponsored by, or at the behest of, a labor organization. This bill would permit an employee or potential employee to seek injunctive relief or monetary damages, or both, for violations or threatened violations of these provisions. This bill would exempt specified employers and employees covered by federal law and would exempt circumstances that would be preempted by federal law from these provisions.
Because
this bill would expand the definition of a crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known and may be cited as the “California Right to Work Act of 2017.”SEC. 2.
Section 922 of the Labor Code is amended to read:922.
(1) “Employer” means a person, firm, association or corporation, public entity, school, college, university, institution, or an education agency.
(2) “Labor organization” means any organization, agency, 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, and other conditions of employment or forms of compensation.
(b) Any person or agent or officer thereof who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, do any of the following as a condition of securing employment or continuing in the employment of any such person is guilty of a misdemeanor.
misdemeanor:
(1) Enter into an agreement, written or verbal, not to join or to remain a member of a labor organization.
(2) Pay any dues, fees, or assessments, or other similar charges, however denominated, of any kind or amount to a labor organization.
(3) Pay to any charity or other third party, in lieu of the payments described in paragraph (2), an amount equivalent to, or a pro rata portion of, dues, fees, assessments, or other charges required of a member of a labor organization.
(c) (1) A person injured as a result of a
violation or threatened violation of this section may obtain the following remedies:
(A) Injunctive relief against a violator or person threatening a violation.
(B) Monetary damages, including costs and reasonable attorney’s fees, resulting from a violation or threatened violation.
(2) These remedies are independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
(d) This section does not apply to any of the following:
(1) Employers and employees covered by the federal Railway Labor Act (45 U.S.C.
Sec. 151 et seq.).
(2) Federal employers and employees.
(3) Employers and employees on exclusive federal enclaves.
(4) Circumstances that would otherwise conflict with, or be preempted by, federal law.
(5) An employment contract entered into before January 1, 2018. However, this chapter applies to any subsequent renewal or extension of such a contract.
