Comprehensive Public Employee Freedom Act

Summary

ALEC’s model Comprehensive Public Employee Freedom Act provides that public employees have a First Amendment right to refrain from financially supporting government labor organizations.  No employee should be forced join, pay dues to or accept representation from a labor organization as a condition of employment.   Public employees and any unions they may designate to represent them are excluded from National Labor Relations Act (NLRA), and are instead subject to state and local laws governing collective bargaining. Many of these laws, like the NLRA, are “monopoly bargaining laws,” meaning that even in states with right-to-work legislation —which bars payment of dues or fees as a condition of employment — employees are still forced to accept a union as their sole representative in the workplace. Similarly, unions are required to represent employees who do not wish to be represented. Employees do not have the right to negotiate their own contract or adjust their own grievances, or secure their own representation in disciplinary hearings with their employer.   It further provides the public employees right to opt-out of union representation and represent themselves, as well as allowing unions to forego representation of non-dues or fee payers. It does not change the rubric of collective bargaining in any other way except that, under the act, a worker has the choice to either remain in a union that has achieved majority consent from the employees in the unit, or to fully and independently represent themselves.   Note: this policy combines portions of ALEC’s Right-to-Work Act with ALEC’s Public Employee Choice Act and applies only to public sector employees. Existing right-to-work states with monopoly public sector collective bargaining should only enact the Public Employee Choice Act. It is also recommended that a state without right-to-work for private sector employees enact ALEC’s full Right-to-Work act in conjunction with this model policy

Comprehensive Public Employee Freedom Act

Section 1. {Short Title.} This Act shall be known as the Comprehensive Public Employee Freedom Act

Section 2. {Legislative Declarations.} This legislature finds and declares that:

  • By bargaining over the allocation of taxpayer dollars and workplace rules that affect public policy, all government labor organization’s actions are inherently political. Public employees have a First Amendment right to refrain from supporting politics though government labor organization dues or fees.
  • In addition to the freedom to choose whether or not to financially support a government labor organization, public employees should be free to contract with public employers on their own terms.
  • Monopoly collective bargaining laws violate this freedom.
  • As a result, it is against the public policy interests of this State/Commonwealth to impose monopoly collective bargaining laws on public employees who wish to represent themselves.
  • It is hereby declared to be the public policy of the State of (state), in order to maximize individual freedom of choice and freedom of speech in the pursuit of public employment that the right to work and self-representation 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.

Section 3. {Definitions.} For the purposes of this Act,

“Independent bargaining” or “to bargain independently” means to bargain between a public employer and a public employee with respect to rates of pay, wages, hours of employment, adjustment of grievances or other terms and conditions of employment without the intervention of a labor organization, bargaining agent, or exclusive bargaining representative.

  • “Independent bargaining” does not grant any greater or lesser rights or privileges to public employees who have chosen to represent themselves in a unit with an exclusive representative than those public employees in a unit without an exclusive bargaining representative.
  • “Independent bargaining” does not grant any greater or lesser duties or obligations for a public employer to public employees who have chosen to represent themselves in a unit with an exclusive bargaining representative than those duties or obligations the public employer owes to public employees in a unit without an exclusive bargaining representative.
  • “Labor organization” means any association or organization of public employees, and any agency, public employee representation committee, union, or plan in which public employees participate that exists, in whole or in part, to advocate on behalf of public employees about grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
  • “Public employee” means a person holding a position by appointment or employment in the government of this State, or any of its political subdivisions, including, but not limited to, public schools, and any authority, commission or board, or in any other branch of public service.
  • “Public employer” means any state or local government, government agency, government instrumentality, special district, joint powers authority, public school board or special purpose organization that employs one or more persons in any capacity.
  • “Collective bargaining” means the performance of the mutual obligation of the representatives of the public employer and the labor organization designated as an exclusive bargaining representative to meet and bargain in good faith in an effort to reach written agreement with respect to wages, hours, and terms and conditions of employment.
  • “Exclusive bargaining representative” means any labor organization that has been certified or designated by the [state official/agency] pursuant to the provisions of [insert applicable state labor law] as the representative of the public employees in an appropriate collective bargaining unit to represent the public employees in their employment relations with public employers.

Section 4. {Public employee choice guaranteed. Discrimination prohibited.}

  • No public employee shall be required, as a condition of employment or continuation of employment:
  • to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
  • to become or remain a member of a labor organization;
  • to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;
  • 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
  • to be recommended, approved, referred, or cleared by or through a labor organization.
  • Public employees shall have the right to independently bargain in their relations with the public employer.
  • No provision of any agreement between a labor organization and a public employer, or any other public policy, shall impose representation by a labor organization on public employees who are not members of that organization and have chosen to bargain independently. Nothing in any collective bargaining agreement shall limit a public employee’s ability to negotiate with his public employer or adjust his grievances directly with his public employer, nor shall a resolution of any such negotiation or grievance be controlled or limited by the terms of a collective bargaining agreement.
  • There shall be not more than one exclusive bargaining representative designated by the [state official/agency] pursuant to the provisions of [insert applicable state labor law] as the representative of the public employees in an appropriate collective bargaining unit.
  • No provision of any agreement between a labor organization and a public employer, or any other public policy, shall impose any wages or conditions of employment for members of a labor organization which are linked to or contingent upon wages or conditions of employment to public employees who are not members of a labor organization.

Section 5. {Voluntary deductions protected.}

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 public employee has first presented, and the public employer has received, a signed written authorization of such deductions, which authorization may be revoked by the public employee at any time by giving written notice of such revocation to the public employer.

Section 6. {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 public employer that violates the rights of public employees as guaranteed by provisions of this chapter 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 purpose of inducing or attempting to induce a public employer to enter into any agreement prohibited by this chapter is hereby declared to be for an illegal purpose and is a violation of the provisions of this chapter.

Section 7. {Coercion and intimidation prohibited.}

It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or public employer, or officer thereof, by any threatened or actual intimidation of a public employee or prospective public employee, or a public employee’s or prospective public employee’s parents, spouse, children, grand-children, or any other persons residing in the public employee’s or prospective public employee’s home, or by any damage or threatened damage to a public employee’s or prospective public employee’s property, to compel or attempt to compel such public employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or otherwise forfeit any rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause a public 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 public employees.

Section 8. {Penalties and civil remedies.}

  • Any person who directly or indirectly violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding (insert amount) or imprisonment for a period of not more than (insert time period), or both such fine or imprisonment.
  • Any public employee harmed as a result of any violation or threatened violation of the provisions of this chapter 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 chapter.

Section 9. {Duty to investigate.}

It shall be the duty of the prosecuting attorneys of each county (or the attorney general of this state) to investigate complaints of violation or threatened violations of this chapter 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 chapter shall apply to all contracts or contract extensions entered into after the effective date of this chapter, but no later than two years hence.

Section 11. {Severability clause.}

Section 12. {Repealer clause.}

Section 13. {Effective date.}