HB 2123 Attacks Unions

Kansas lawmakers have launched a frontal attack on unions. The Feb. 1, 2013, Wichita Eagle blog noted that, "Legislation, which the House approved Thursday, is entirely about trying to weaken unions--which is why it is being pushed by the Kansas Chamber of Commerce and Americans for Prosperity." The goal, made clear in HB 2123, is to get rid of public sector unions. But don't take my word for it. The text of this bill is printed here. I am opposed to this bill and similar anti-union legislation.

There is no question that unions have improved working conditions and increased wages and brought better benefits for all workers--union and nonunion. Union members want good jobs, safe working conditions and good pay. These are things that make for healthier families and better communities. In future articles I will reflect on why  I believe worker rights should be of concern to members of faith communities and why now is the time to support working men and women in our community.
                                                                                    Reverend David Hansen, IWJ Kansas                                                                

                                                                                          

Session of 2013

HOUSE BILL No. 2123

By Committee on Commerce, Labor and Economic Development

1-29

AN ACT concerning public employees; enacting the public employees

freedom act.

Be it enacted by the Legislature of the State of Kansas:

Section 1. Sections 1 through 11 shall be known and may be cited as

the public employee freedom act.

Sec. 2. It is declared to be the policy of this state that:

(a) An employer and employee should be free to contract on their

own terms;

(b) mandatory collective bargaining laws violate this freedom; and

(c) as a result, it is hereby declared to be against the public policy of

this state to impose mandatory collective bargaining laws on public

employees and the organizations that represent such public employees in

the collective bargaining process.

Sec. 3. As used in this act, unless the context otherwise requires, the

following words and phrases shall have the meanings ascribed to them in

this section:

(a) "Employee organization" means any association or organization

of employees, and any agency, employee representation committee or plan

in which employees participate that exists, in whole or in part, to advocate

on behalf of employees about grievances, labor disputes, wages, rates of

pay, hours of employment or conditions of work.

(b) (1) "Public employee" means a person holding a position by

appointment or employment in the government of this state, or any taxing

or political subdivision thereof, including, but not limited to, public

schools, any authority, commission or board, or in any other branch of

public service.

(2) The term "public employee" shall not include any employee

whose job involves managerial, supervisory, or confidential

responsibilities.

(c) "Public employer" means any state or local government,

government agency, government instrumentality, special district, joint

powers authority, school board or special purpose organization that

employs one or more persons in any capacity.

Sec. 4. (a) Public employees shall have the right to represent

themselves in their relations with their public employer.

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(b) No provision of any agreement between an employee organization

and a public employer, or any other public policy, shall impose

representation by an employee organization on any public employee who

is not a member of such employee organization.

Sec. 5. No dues, fees, assessments or any other automatic payroll

deductions by public employers from public employee payroll

compensation shall be allowed for transmission to any public employee

organization, any intermediary or private individual, other than for primary

and supplemental pension plans, life, health and other employee benefits,

or contributions made to 501C(3) charitable organizations through a

workplace giving program.

Sec. 6. Any agreement, understanding, or practice, written or oral,

implied or expressed, between any employee organization and public

employer that violates the rights of employees as guaranteed by provisions

of this act, and amendments thereto, is hereby declared to be unlawful, null

and void, and shall have no legal effect. Any strike, picketing, boycott, or

other action by an employee organization for the purpose of inducing or

attempting to induce an employer to enter into any agreement prohibited

by this section is hereby declared to be for an illegal purpose and is a

violation of the provisions of this act.

Sec. 7. It shall be unlawful for any person, employee organization, or

officer, agent, or member thereof, to compel or attempt to compel such

employee or prospective employee to join, affiliate with, or financially

support an employee organization by any:

(a) Intimidation, threatened or actual, of an employee or prospective

employee, or an employee's or prospective employee's parents, spouse,

children, grandchildren, or any other persons residing in the employee's or

prospective employee's home; or

(b) damage or threatened damage to an employee's or prospective

employee's property.

Sec. 8. Any person who directly or indirectly violates any provision

of this act shall be guilty of a Class A misdemeanor.

Sec. 9. It shall be the duty of the attorney general to investigate

complaints of violation or threatened violations of this act and to prosecute

any or all persons violating any of its provisions, and to take all means

available to the attorney general to ensure effective enforcement of this

act.

Sec. 10. The provisions of this act shall apply to all contracts or

extensions thereof entered into on or after the effective date of this act.

Sec. 11. If any provision of this act, including any amendment made

by this act, or the application of any such provision to any person or

circumstance, is held invalid, the validity of any other provision of this act,

or the application of such provision to other persons and circumstances,

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shall not be affected thereby.

Sec. 12. This act shall take effect and be in force from and after its

publication in the statute book.