Bill Text: CA SB1180 | 2009-2010 | Regular Session | Amended
Bill Title: Right to work: labor organizations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-13 - Set, first hearing. Hearing canceled at the request of author. [SB1180 Detail]
Download: California-2009-SB1180-Amended.html
BILL NUMBER: SB 1180 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Dutton
FEBRUARY 18, 2010
An act to amend Section 922 of the Labor Code,
relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1180, as amended, Dutton. Right to work: labor organizations.
Under existing law, it is against public policy for an employer
and a prospective employee to enter into an agreement whereby either
or both of them promise to join, or not to join, or remain a member
of, a labor or an employer organization or to withdraw from an
employment relation should one party or the other join or remain a
member of a labor or employer organization. Existing law also grants
state employees the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on matters of employer-employee relations
and provides that once an employee organization is recognized as the
exclusive representative of an appropriate bargaining unit, it may
enter into an agreement with the state employer to provide for
organizational security in the form of maintenance of membership or
fair share fee deduction.
This bill would state the intent of the Legislature to
ensure that the right to work in California may not be infringed or
restricted based on membership in, affiliation with, or
prohibit a person from requiring an employee, as a condition of
obtaining or continuing employment, to contribute financial
support of to a labor organization
, or based on an individual's refusal to join, affiliate
with, or financially support ,
financially or otherwise, a charity or other organiz
ation sponsored by, or at the behest of, a labor
organization. This bill would permit an employee or potential
employee to seek injunctive relief or monetary damages, or both, for
violations or threatened violations of these provisions.
This bill would exempt employees covered by federal law
from these provisions.
Because this bill would create a new crime, or expand the
definition of a crime, it would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the "California Right to Work Act of 2010."
SEC. 2. Section 922 of the Labor Code
is amended to read:
922. Any (a) For
purposes of this section, the following terms have the following
meanings:
(1) "Employer" means a person, firm, association or corporation,
public entity, school, college, university, institution, or an
education agency.
(2) "Labor organization" means any organization, agency, employee
representation committee, or union that exists for the purpose, in
whole or in part, of dealing with employers concerning wages, rates
of pay, hours of work, and other conditions of employment or forms of
compensation.
(b) Any person or agent or
officer thereof who coerces or compels any person to enter
into an agreement, written or verbal, not to join or become a member
of any labor organization, do any of the following,
as a condition of securing employment or continuing in the
employment of any such person , is guilty of a misdemeanor
. :
(1) Enter into an agreement, written or verbal, not to join or to
remain a member of a labor organization.
(2) Pay any dues, fees, or assessments, or other similar charges,
however denominated, of any kind or amount to a labor organization.
(3) Pay to any charity or other third party, in lieu of the
payments described in paragraph (2), an amount equivalent to, or a
pro rata portion of, dues, fees, assessments, or other charges
required of a member of a labor organization.
(c) (1) A person injured as a result of a violation or threatened
violation of this section may obtain the following remedies:
(A) Injunctive relief against a violator or person threatening a
violation.
(B) Monetary damages, including costs and reasonable attorney's
fees, resulting from a violation or threatened violation.
(2) These remedies are independent of and in addition to the
penalties and remedies prescribed in other provisions of this
chapter.
(e) This section does not apply to any of the following:
(1) Employers and employees covered by the federal Railway Labor
Act (45 U.S.C. Sec. 151 et seq.).
(2) Federal employers and employees.
(3) Employers and employees on exclusive federal enclaves.
(4) Circumstances that would otherwise conflict with, or be
preempted by, federal law.
(5) An employment contract entered into before the effective date
of the act adding this section. However, this chapter applies to any
renewal or extension of any existing contract.
SEC. 3. The provisions of this section are
severable. If any provision of this section or its application is
held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to ensure that the right to work in California may not be infringed
or restricted based on membership in, affiliation with, or financial
support of a labor organization, or based on an individual's refusal
to join, affiliate with, or support, financially or otherwise, a
labor organization.
