SB1 Right to Work For Less

2011 Sponsor: Sen. Luann Ridgeway; 2010 sponsor: Sen. Jason Crowell: 2005 sponsor: Rep. Steve Hunter. For more, see:

SB1 - RIGHT TO WORK FOR LESS

ALEC Model Legislation
http://ow.ly/5NbP5

MO Language in
2011: http://ow.ly/5NbPq
2010: http://ow.ly/5NbSn
2005: http://ow.ly/5NbSG

Section 3. {Labor organization.}

The term "labor organization" means any organization of any kind, or agency or 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, other conditions of employment, or other forms of compensation

290.590. 1. As used in this section,

the term "labor organization" means any organization of any kind or agency or employee representation committee or union which exists for the purpose in whole or in part of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation.

No person 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

(E) to be recommended, approved, referred, or cleared by or through a labor organization.

No person shall be required as a condition or continuation of employment to:

(1) Become or refrain from becoming a member of a labor organization;

(2) Pay any dues, fees, assessments, or other similar charges however denominated of any kind or amount to a labor organization;

(3) In lieu of the payments listed under subdivision of this subsection, pay to any charity or other third party any amount equivalent to, or on a pro rata basis, any dues, fees, assessments, or other charges required of members of a labor organization.

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 chapter is hereby declared to be unlawful, null and void, and of no legal effect…

3.

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 under this section is declared to be unlawful, null and void, and of no legal effect.

Section 9. {Civil remedies.}

Any employee harmed as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief against any and all violators or persons threatening violations and may in addition thereto recover any and all damages, including costs and reasonable attorney fees, of any character resulting from such violation or threatened violation.

Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.

5. (2)

Any person injured as a result of any violation or threatened violation of this section may recover any and all damages of any character resulting from such violation or threatened violation including costs and reasonable attorney fees.

Such remedies shall be independent of and in addition to the other penalties and remedies proscribed under this section.

Section 10. {Duty to investigate.}

It shall be the duty of the prosecuting attorneys of each county (or the attorney general of this state) to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.

6.

It shall be the duty of the prosecuting attorney of each county and of the attorney general of this state to investigate complaints of violation or threatened violation of this section and to prosecute any person violating this section and to use all means at their command to ensure the effective enforcement of this section.