Fair and Accountable Public Sector Authority Act

Summary

To better ensure government accountability to all residents and that third party employee associations do not have preferential powers beyond what other individuals and groups in the state have, the Fair and Accountable Public Sector Authority Act bans government sector collective bargaining. Nothing in this Act interferes with the freedom of public employees to voluntary support and join employee associations or employee associations and government employers from meeting with one another to discuss government workforce policies.

Fair and Accountable Public Sector Authority Act

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _____:

Section 1. {Short Title.} This Act shall be known as the Public Sector Fair and Accountable Public Sector Authority Act.

Section 2. {Legislative Declarations} The legislature finds:

(A) Government collective bargaining entitles unions to privileges other citizens and private organizations are not afforded, ceding government authority to third parties. Absent formal collective bargaining, unions and other employee associations still have first amendment rights to advocate for preferred government policies and employment terms on behalf of members through the same channels afforded any other citizen of the state.
(B) Furthermore, collective bargaining is not necessary for government officials to meet with associations or individuals in order to discuss employment matters or make supported changes to employment policy. Policies previously enacted through bargaining contracts can be implemented through departmental policies and legislative changes, which better allow government to be flexible to changing circumstances while fulfilling its duties.
(C) Government collective bargaining undermines the authority of our elected officials and public managers to represent the interests of all residents and public workers alike. By removing collective bargaining, more public employees and members of the broad public can participate in employment policy.

Section 3. {Definitions} As used in this Act:

(A) “Public employee” means any person employed full-time or part-time earning wages, salary, or other remuneration from a public employer.

a. “Public employee” does not include:

i. Federal government employees
ii. Employees covered under the National Labor Relations Act or Railway Labor Act
iii. [OTHER]

(B) “Public employer” means any state or local government or subdivision thereof, including but not limited to any government agency, instrumentality, commission, district, authority, court, school board, or special purpose organization that employs one or more persons in any capacity.

a. Public employer does not include:

i. Employers whose employees are covered under the National Labor Relations Act or Railway Labor Act. Any employer will be considered a public employer if they employ any public employees but only in their dealing with those public employees.
ii. [OTHER]

Section 4 {Collective Bargaining}

(A) A public employer shall not recognize a labor union, public employee association, or any other organization negotiating on behalf of or serving as a bargaining agent of public employees.
(B) A public employer shall not collectively bargain or enter into any collective bargaining contract or non-binding agreement with a labor union, public employee association, or any other organization or its agents with respect to any matter relating to public employees, public employees’ employment with a public employer, or public employees’ tenure with a public employer.

Section 5. {Current contracts}

(A) This Act is ordered to take immediate effect, however any bargaining contract in effect at the time of enactment will remain valid only until expiration at which time all aspects of a contract are null and void. Any extension or modification of an existing bargained contract is the same as an expiration.

Section 6. {Public employee associations}

(A) Nothing in this Act shall prevent public employees from forming associations for the purpose of promoting the public employees’ interests before a public employer.