Bill Text: IN HB1296 | 2012 | Regular Session | Introduced
Bill Title: Employee's right to work.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Employment, Labor and Pensions [HB1296 Detail]
Download: Indiana-2012-HB1296-Introduced.html
Introduced Version
HOUSE BILL No. 1296
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-6-6.
Synopsis: Employee's right to work. Makes it a Class A misdemeanor
to require an individual to: (1) become or remain a member of a labor
organization; (2) pay dues, fees, or other charges to a labor
organization; or (3) pay to a charity or another third party an amount
that represents dues, fees, or other charges required of members of a
labor organization; as a condition of employment or continuation of
employment. Establishes a separate private right of action for violations
or threatened violations. Provides that the statute does not apply to
federal employees, employees subject to certain federal laws, certain
employees over whom the federal government has jurisdiction, state
employees, and employees of a political subdivision. Provides that the
statute does not apply to the extent it is in conflict with or preempted
by federal law. Provides that the statute applies only if the voters of
Indiana approve a public question. Requires a public question to be
placed on the 2012 general election ballot asking the voters of Indiana
whether it should be unlawful for an employer to require an individual
to become or remain a member of a labor organization or pay dues,
fees, assessments, or other charges of any kind or amount to a labor
organization as a condition of employment or continuation of
employment.
Effective: Upon passage.
McClain
January 10, 2012, read first time and referred to Committee on Employment, Labor and
Pensions.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1296
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-6-6; (12)IN1296.1.1. -->
SECTION 1. IC 22-6-6 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 6. Right to Work
Sec. 1. (a) This chapter applies only if the voters of Indiana approve the following public question as provided by law:
"Should it be unlawful for an employer to require an individual to become or remain a member of a labor organization or pay dues, fees, assessments, or other charges of any kind or amount to a labor organization as a condition of employment or continuation of employment (a "right to work" law)?".
(b) This chapter does not apply to the following:
(1) An employee of the United States or a wholly owned corporation of the United States.
(2) An:
(A) employee; and
(B) employer;
subject to the federal Railway Labor Act (45 U.S.C. 151 et seq.).
(3) An employee employed on property over which the United States government has exclusive jurisdiction for the purpose of labor relations.
(4) An employee of the state.
(5) An employee of a political subdivision (as defined in IC 36-1-2-13).
Sec. 2. This chapter does not apply to the extent that it:
(1) conflicts with; or
(2) is preempted by;
federal law.
Sec. 3. As used in this chapter, "employer" means:
(1) a person employing at least one (1) individual in Indiana; or
(2) an agent of an employer described in subdivision (1).
Sec. 4. As used in this chapter, "labor organization" means:
(1) an organization;
(2) an agency;
(3) a union; or
(4) an employee representation committee;
that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay, or other terms or conditions of employment.
Sec. 5. As used in this chapter, "person" means:
(1) an individual;
(2) a proprietorship;
(3) a partnership;
(4) a firm;
(5) an association;
(6) a corporation;
(7) a labor organization; or
(8) another legal entity.
Sec. 6. As used in this chapter, "the state" includes:
(1) a board;
(2) a branch;
(3) a commission;
(4) a department;
(5) a division;
(6) a bureau;
(7) a committee;
(8) an agency;
(9) an institution (including a state educational institution as defined in IC 21-7-13-32);
(10) an authority; or
(11) another instrumentality;
of the state.
Sec. 7. A person may not require an individual to:
(1) become or remain a member of a labor organization;
(2) pay dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
(3) pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization;
as a condition of employment or continuation of employment.
Sec. 8. A contract, agreement, understanding, or practice, written or oral, express or implied, between:
(1) a labor organization; and
(2) an employer;
that violates section 7 of this chapter is unlawful and void.
Sec. 9. A person that knowingly or intentionally, directly or indirectly, violates section 7 of this chapter commits a Class A misdemeanor.
Sec. 10. An individual who is employed by an employer may file a complaint that alleges a violation or threatened violation of this chapter with the attorney general or the prosecuting attorney of the county in which the individual is employed. Upon receiving a complaint under this section, the attorney general or prosecuting attorney shall:
(1) investigate the complaint; and
(2) enforce compliance if a violation of this chapter is found.
Sec. 11. (a) If an individual suffers an injury:
(1) as the result of any act or practice that violates this chapter; or
(2) from a threatened violation of this chapter;
the individual may bring a civil action.
(b) A court may order an award of any or all of the following to an individual who prevails in an action under subsection (a):
(1) Actual and consequential damages resulting from the violation or threatened violation.
(2) A civil penalty against the violator of not more than one thousand dollars ($1,000).
(3) Reasonable attorney's fees, litigation expenses, and costs.
(4) Declaratory or equitable relief, including injunctive relief.
(5) Other relief the court considers proper.
(c) The remedies and penalties set forth in subsection (b) are:
(1) cumulative; and
(2) in addition to other remedies and penalties imposed for a violation of this chapter.
Sec. 12. Sections 7 through 11 of this chapter:
(1) apply to a written or oral contract or agreement entered into, modified, renewed, or extended after March 14, 2012; and
(2) do not apply to or abrogate a written or oral contract or agreement in effect on March 14, 2012.
Chapter 6. Right to Work
Sec. 1. (a) This chapter applies only if the voters of Indiana approve the following public question as provided by law:
"Should it be unlawful for an employer to require an individual to become or remain a member of a labor organization or pay dues, fees, assessments, or other charges of any kind or amount to a labor organization as a condition of employment or continuation of employment (a "right to work" law)?".
(b) This chapter does not apply to the following:
(1) An employee of the United States or a wholly owned corporation of the United States.
(2) An:
(A) employee; and
(B) employer;
subject to the federal Railway Labor Act (45 U.S.C. 151 et seq.).
(3) An employee employed on property over which the United States government has exclusive jurisdiction for the purpose of labor relations.
(4) An employee of the state.
(5) An employee of a political subdivision (as defined in IC 36-1-2-13).
Sec. 2. This chapter does not apply to the extent that it:
(1) conflicts with; or
(2) is preempted by;
federal law.
Sec. 3. As used in this chapter, "employer" means:
(1) a person employing at least one (1) individual in Indiana; or
(2) an agent of an employer described in subdivision (1).
Sec. 4. As used in this chapter, "labor organization" means:
(1) an organization;
(2) an agency;
(3) a union; or
(4) an employee representation committee;
that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay, or other terms or conditions of employment.
Sec. 5. As used in this chapter, "person" means:
(1) an individual;
(2) a proprietorship;
(3) a partnership;
(4) a firm;
(5) an association;
(6) a corporation;
(7) a labor organization; or
(8) another legal entity.
Sec. 6. As used in this chapter, "the state" includes:
(1) a board;
(2) a branch;
(3) a commission;
(4) a department;
(5) a division;
(6) a bureau;
(7) a committee;
(8) an agency;
(9) an institution (including a state educational institution as defined in IC 21-7-13-32);
(10) an authority; or
(11) another instrumentality;
of the state.
Sec. 7. A person may not require an individual to:
(1) become or remain a member of a labor organization;
(2) pay dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
(3) pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization;
as a condition of employment or continuation of employment.
Sec. 8. A contract, agreement, understanding, or practice, written or oral, express or implied, between:
(1) a labor organization; and
(2) an employer;
that violates section 7 of this chapter is unlawful and void.
Sec. 9. A person that knowingly or intentionally, directly or indirectly, violates section 7 of this chapter commits a Class A misdemeanor.
Sec. 10. An individual who is employed by an employer may file a complaint that alleges a violation or threatened violation of this chapter with the attorney general or the prosecuting attorney of the county in which the individual is employed. Upon receiving a complaint under this section, the attorney general or prosecuting attorney shall:
(1) investigate the complaint; and
(2) enforce compliance if a violation of this chapter is found.
Sec. 11. (a) If an individual suffers an injury:
(1) as the result of any act or practice that violates this chapter; or
(2) from a threatened violation of this chapter;
the individual may bring a civil action.
(b) A court may order an award of any or all of the following to an individual who prevails in an action under subsection (a):
(1) Actual and consequential damages resulting from the violation or threatened violation.
(2) A civil penalty against the violator of not more than one thousand dollars ($1,000).
(3) Reasonable attorney's fees, litigation expenses, and costs.
(4) Declaratory or equitable relief, including injunctive relief.
(5) Other relief the court considers proper.
(c) The remedies and penalties set forth in subsection (b) are:
(1) cumulative; and
(2) in addition to other remedies and penalties imposed for a violation of this chapter.
Sec. 12. Sections 7 through 11 of this chapter:
(1) apply to a written or oral contract or agreement entered into, modified, renewed, or extended after March 14, 2012; and
(2) do not apply to or abrogate a written or oral contract or agreement in effect on March 14, 2012.
SOURCE: ; (12)IN1296.1.2. -->
SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The county
election board of each county shall place the following public
question on the ballot at the November 2012 general election:
"Should it be unlawful for an employer to require an individual to become or remain a member of a labor organization or pay dues, fees, assessments, or other charges of any kind or amount to a labor organization as a condition of employment or continuation of employment (a "right to work" law)?".
(b) Each county election board shall:
(1) tabulate the votes cast on the public question stated in subsection (a); and
(2) certify the results under IC 3-12-4-9.
(c) IC 3 applies to the public question required by this SECTION except where IC 3 conflicts with this SECTION.
(d) The secretary of state shall certify the results of the vote in each county on the public question required by this SECTION to each of the following:
(1) The speaker of the house of representatives.
(2) The minority leader of the house of representatives.
(3) The president pro tempore of the senate.
(4) The minority leader of the senate.
(5) The governor.
(e) This SECTION expires July 1, 2013.
"Should it be unlawful for an employer to require an individual to become or remain a member of a labor organization or pay dues, fees, assessments, or other charges of any kind or amount to a labor organization as a condition of employment or continuation of employment (a "right to work" law)?".
(b) Each county election board shall:
(1) tabulate the votes cast on the public question stated in subsection (a); and
(2) certify the results under IC 3-12-4-9.
(c) IC 3 applies to the public question required by this SECTION except where IC 3 conflicts with this SECTION.
(d) The secretary of state shall certify the results of the vote in each county on the public question required by this SECTION to each of the following:
(1) The speaker of the house of representatives.
(2) The minority leader of the house of representatives.
(3) The president pro tempore of the senate.
(4) The minority leader of the senate.
(5) The governor.
(e) This SECTION expires July 1, 2013.
SOURCE: ; (12)IN1296.1.3. -->
SECTION 3. An emergency is declared for this act.
