Local Right to Work Ordinance – Private Sector
WHEREAS, it is the intent of this ordinance to provide that no employee covered by the National Labor Relations Act need join or pay dues to a union, or refrain from joining a union, as a condition of employment; and provide certain penalties for violation of those employment rights; and
WHEREAS, the [Township/City/County] desires to promote economic development within its legal boundaries, directly and in cooperation with public and private entities promoting the [township/city] and its resources, its people and its many geographical and cultural advantages; and
WHEREAS, _________ and its residents compete for the expansion of employment opportunities with other cities, counties and states whose citizens benefit from the protections under similar right to work legislation; and
WHEREAS, pursuant to [Insert Section and Article] of the [Insert State] Constitution, this Body is tasked with and empowered to enact ordinances of local self-governance, including for the protection and convenience of the public, to encourage local commerce; and protect the rights and well-being of its citizens, and
WHEREAS, we hereby find and determine that it is in the best interest of the citizens of ___________ to promote and encourage direct commerce for the protection and convenience of the public and the expansion of the tax base, by protecting employees’ right to choose employment without restraint or coercion regarding the payment of mandatory dues, fees or other payments to a labor organization as a condition of that employment.
NOW THEREFORE, BE IT ORDAINED BY ________________, STATE OF [INSERT STATE], that no employee within ____________ covered by the National Labor Relations Act need join or pay dues to a union, or refrain from joining a union, as a condition of employment; and certain penalties shall be provided for violation of those employment rights:
Section 1. Authority. This Ordinance is enacted pursuant to the authority granted to this body in [Insert Section and Article] of the [Insert State] Constitution, as a political subdivision of the State, in accordance with the laws set forth in the [Insert State] Revised Statutes and the laws of the United States of America. The intent of this Ordinance is to be applied throughout the [township/city/county], and all governmental entities subsumed thereunder, included.
Section 2. Declaration of public policy. It is hereby declared to be the public policy of the [township/city] in order to ensure individual freedom of choice in the pursuit of employment, for the protection and convenience of its citizens who desire the broadest choice of employment opportunities, to permit its citizens to choose to increase their real take home pay by decreasing mandatory payroll deductions in order to stimulate savings and economic growth, and to encourage an employment climate conducive to the economic development of the community, including recruiting new businesses to the community, that the right to work 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. Terms. The terms “employee,” “employer,” “labor organization,” and “person” as used in this Ordinance shall have the same meanings as defined by the National Labor Relations Act.
Section 4. Freedom of choice guaranteed, discrimination prohibited. No person covered by the National Labor Relations Act shall be required as a condition of employment or continuation of employment:
(A) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
(B) to become or remain a member of a labor organization;
(C) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;
(D) 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
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 employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation to the employer, unless the employee has expressly waived such right of revocation in the express terms of an otherwise lawful “dues check-off” card. In the invent of ambiguity in the meaning of the dues check off language, the burden of proving notice, and assent shall be on the party seeking enforcement of the dues check off agreement.
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 employer that violates the rights of employees as guaranteed by provisions of this Ordinance is hereby declared to be unlawful, null and void, and of no legal effect.
Section 7. Coercion and intimidation prohibited. It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer thereof, by any threatened or actual intimidation of an employee or prospective employee, or an employee’s or prospective employee’s parents, spouse, children, grand-children, or any other persons residing in the employee’s or prospective employee’s home, or by any damage or threatened damage to an employee’s or prospective employee’s property, to compel or attempt to compel such 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 Ordinance. It shall also be unlawful to cause or attempt to cause an 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 employees.
Section 8. Penalties. Any person who violates Section 7 of this Ordinance shall be guilty of a Class A Misdemeanor. A violation of any other section of this Ordinance shall be classified as a Class B Misdemeanor.
Section 9. Civil remedies. Any individual harmed as a result of any violation or threatened violation of the provisions of this Ordinance shall have a civil cause of action in _____ Court to enjoin further violations, and to recover the actual damages sustained, together with the cost of the lawsuit, including a reasonable attorney’s fee. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this Ordinance.
Section 10. Duty to investigate. It shall be the duty of [local law enforcement agency] to investigate complaints of violation or threatened violations of this Ordinance and to take all means at his/her command to ensure the effective enforcement of this Ordinance.
Section 11. Prospective application. The provisions of this Ordinance shall apply to all contracts entered into after the effective date of this Ordinance by employers or labor organizations covering employees within our jurisdiction, and shall apply to any renewal or extension of any existing contract.
Section 12. Effective date. This Ordinance shall be in full force and effect on and after its passage and approval.
Section 13. Severability clause. If any provision of this Ordinance, or the application thereof to any person, entity or circumstances, shall be invalid or unenforceable to any extent, the remainder of this Ordinance, and the application of such provision to other person, entities or circumstances, shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
Section 14. Repealer clause. All prior Orders, Resolutions or Ordinances or parts thereof, in conflict with this Ordinance are hereby repealed.
This Ordinance is adopted pursuant to [Insert State] State Constitution, [Insert Section and Article] in that it was published ——— said Ordinance shall be in full force and effect upon signature, recordation and publication in summary form pursuant to [Insert State] State Constitution, [Insert Section and Article].