Report Title:
Labor
Description:
Protects each citizen's right to gainful employment regardless of non-membership in any labor organization.
THE SENATE |
S.B. NO. |
119 |
TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABOR AND INDUSTRIAL RELATIONS.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to protect the employability of persons who are not members of labor organizations.
SECTION 2. Chapter 377, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . RIGHT TO WORK
§377-A Definitions. In this part, unless the context otherwise requires:
"Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment.
"Person" includes a natural person, a corporation, association, company, firm, or labor organization.
§377-B Prohibition of agreements denying employment because of non-membership in labor organization. No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual, or association of any kind, enter into an agreement, written or oral, which excludes a person from employment or continuation of employment because of non-membership in a labor organization.
§377-C Illegality of acts or agreements violating this part; strike or picketing for illegal purpose. Any act or provision in an agreement which is in violation of this part is illegal and void.
§377-D Prohibition of threatened or actual interference with a person, the person's family or property to compel that person to join a labor organization, strike, or leave employment. It is unlawful for an employee, labor organization, or officer, agent, or member thereof, by any directly or indirectly threatened or actual interference with the person, the person's immediate family or property, to compel or attempt to compel the person to join a labor organization, to strike against the person's will, to leave employment, or to dissuade the person from crossing the picket line.
§377-E Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization. A combination or conspiracy by two or more persons to cause the discharge of any person or to cause the person to be denied employment because the person is not a member of a labor organization by inducing or attempting to induce any other person to refuse to work with the person, is illegal.
§377-F Civil liability of person violating this part. A person who violates any provision of this part, or who enters into an agreement containing a provision declared illegal by this part, or who brings about the discharge of or denial of employment to any person because of non-membership in a labor organization shall be liable to the person injured as the result of the act or provision and may be sued therefore, and in the action, any labor organization, subdivision, or local thereof, shall be bound by the acts of its duly authorized agents acting within the scope of their authority, and may sue or be sued in its common name.
§377-G Injunctive relief from injury resulting from violation of this part. A person injured or threatened with any type of injury or loss by an act declared illegal by this part shall, notwithstanding any other provision of law to the contrary, be entitled to injunctive relief."
SECTION 3. Chapter 377, Hawaii Revised Statutes, is amended by designating sections 377-1 through 377-18 as "Part I. General Provisions".
SECTION 4. Section 377-4, Hawaii Revised Statutes, is amended to read as follows:
"§377-4
Rights of employees. Employees shall have the right of self-organization
and the right to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and to engage in
lawful, concerted activities for the purpose of collective bargaining or other
mutual aid or protection, and such employees shall also have the right to
refrain from any and all such activities[, provided that employees may be
required to join a union under an all-union agreement as provided in section
377-6(3)]."
SECTION 5. Section 377-6, Hawaii Revised Statutes, is amended to read as follows:
"§377-6 Unfair labor practices of employers. It shall be an unfair labor practice for an employer individually or in concert with others:
(1) To interfere with, restrain, or coerce the employer's
employees in the
exercise of the rights guaranteed in section 377-4[;] beyond that
which is allowed under part II;
(2) To initiate, create, dominate, or interfere with the
formation or administration of any labor organization or contribute financial support to it, but an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for time spent conferring with the employer, nor from cooperating with representatives of at least a majority of the employer's employees in a collective bargaining unit, at their request, by permitting employee organizational activities on employer premises or the use of employer facilities where the activities or use create no additional expense to the employer;
(3) To encourage or discourage membership in any labor
organization by
discrimination in regard to hiring, tenure, or other terms or conditions of
employment. An employer, however, may enter into an all-union agreement with
the bargaining representative of the employer's employees in a collective
bargaining unit, unless the board has certified that at least a majority of the
employees have voted to rescind the authority of their bargaining
representative to negotiate such all-union agreement within one year preceding
the date of the agreement[.]; provided that such agreement shall not
displace employees who are not union members. No employer shall justify any
discrimination against any employee for non-membership in a labor organization
[if the employer has reasonable grounds for believing that:
(A)
Such membership was not available to the employee on
the same terms and conditions generally applicable
to other members;
(B)
Or that membership was denied or terminated for
reasons other
than the failure of the employee to tender periodic dues and the initiation
fees uniformly required as a condition for acquiring or retaining membership];
(4) To refuse to bargain collectively with the
representative of a majority of the employer's employees in any collective bargaining unit provided that if the employer has good faith doubt that a union represents a majority of the employees, the employer may file a representation petition for an election and shall not be deemed guilty of refusal to bargain;
(5) To bargain collectively with the representatives of
less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all- union agreement except in the manner provided in paragraph (3);
(6) To violate the terms of a collective bargaining
agreement;
(7) To refuse or fail to recognize or accept as conclusive
of any issue in any controversy as to employment relations the final determination of the board or of any tribunal of competent jurisdiction;
(8) To discharge or otherwise discriminate against an
employee because the employee has filed charges or given information or testimony under the provisions of this chapter;
(9) To deduct labor organization dues or assessments from
an employee's earnings, unless the employer has been presented with an individual order therefore, signed by the employee personally;
(10) To employ any person to spy upon employees or their
representatives respecting their exercise of any right created or approved by this chapter;
(11) To make, circulate, or cause to be circulated a blacklist;
(12) To offer or grant permanent employment to an individual
for performing work as a replacement for a bargaining
unit member during a labor dispute; or
(13) Based on employment or willingness to be employed during
a labor dispute, to give employment preference to one
person over another who:
(A) Was an employee at the commencement of the dispute;
(B) Exercised the right to join, assist, or engage in
lawful collective bargaining or mutual aid or protection through the labor organization engaged in the dispute; and
(C) Continues to work for or has unconditionally offered
to return to work for the employer."
SECTION 6. Section 377-4.5, Hawaii Revised Statutes, is hereby repealed.
["§377-4.5
Religious exemption from labor organization membership. Notwithstanding any
other provision of law to the contrary, any employee who is a member of and
adheres to established and traditional tenets or teachings of a bona fide
religion, body, or sect which has historically held conscientious objections to
joining or financially supporting labor organizations shall not be required to
join or financially support any labor organization as a condition of
employment; except that an employee may be required in a contract between an
employees' employer and a labor organization in lieu of periodic dues and
initiation fees, to pay sums equal to the dues and initiation fees to a
nonreligious, non-labor organization charitable fund exempt from taxation under
section 501(c)(3) of the Internal Revenue Code, chosen by an employee from a
list of at least three funds, designated in the contract or if the contract
fails to designate any funds, then to any fund chosen by the employee. If any
employee who holds conscientious objections pursuant to this section requests
the labor organization to use the grievance-arbitration procedure on the
employee's behalf, the labor organization is authorized to charge the employee
for the reasonable cost of using the procedure."]
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
INTRODUCED BY: |
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