employer protections; labor relations
SB 1242 outlines regulations regarding unlawful picketing, trespassory assembly and unlawful mass assembly and establishes a No Trespass Public Notice List.
Arizona is one of many states that has a “right-to-work” provision in its Constitution. Article XXV of the Arizona Constitution states, “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 any agreement, written or oral, which excludes any person from employment or continuation of employment because of nonmembership in a labor organization.” This provision, effective since 1946, prohibits unions from requiring employers to hire only union employees.
The National Labor Relations Act (NLRA) defines the right of most private sector employees, with specific exceptions, to organize and to bargain collectively with their employers through representatives of their own choosing, or not to do so. According to the National Labor Relations Board, which enforces the Act, NLRA permits, under certain conditions, a union and an employer to make a union-security agreement. Such an agreement requires employees to make certain payments to the union in order to retain their jobs, but cannot require employees to be union members. Under a union-security agreement, individuals choosing to be dues-paying nonmembers may be required to pay full initiation fees and dues that unions may expend only on activities related to collective bargaining, contract administration and grievance adjustment.
In right-to-work states, unions cannot ask and employers cannot agree to enter into union-security agreements. Employees cannot be required to either join the union or pay the equivalent dues in order to remain employed. Employees who want to join can do so, with all the privileges of membership, such as participation in contract negotiations, ratification of the contract, voting on the decision to strike and voting for leadership. Nonmembers are generally denied those privileges, but are accorded any contractual benefits. In addition, the union has a duty to represent all employees fairly without regard to their membership status.
No Trespass Public Notice List
· Requires the Secretary of State (SOS) to establish a No Trespass Public Notice List (List) identifying employers who have established private property rights to their establishment.
· Requires an employer, in order to be included on the List, to provide the SOS with appropriate documentation relating to the establishment of the private property rights as well as the name and phone number of a contact person or employees at the property.
· Stipulates that an employer on the List is required to notify the SOS regarding any change that modifies its right to the property included on the List.
· Directs an employer participating in the List to pay a fee set by the SOS.
· Mandates the SOS to list an employer and its address on the List once the required documents and fee are provided. Requires the SOS to maintain a copy of the document for public inspection purposes.
· Requires the SOS to do the following beginning July1, 2011 and every July 1st and January 1st:
Ø Publish the List at least once a week for four consecutive weeks in a newspaper in the employer’s county, or in an adjoining county. The List must be accessible in/on the SOS’s office and website.
Ø Provide a copy of and regularly update the List to each law enforcement agency in Arizona in a format developed in consultation with the law enforcement agencies.
· Presumes that all members of the public have notice of employers and properties on the List after publication of the List to law enforcement agencies.
· Requires each law enforcement agency to use the most updated List when responding to complaints of unlawful picketing, trespassory assembly or unlawful mass assembly.
· Prohibits a responding peace officer from requiring further documentation from an employer identified on the List before requiring any labor organization or individuals engaging in the activities mentioned above to leave the property or cease from blocking entrance to or exit from property.
· Exempts the responding peace officer from liability for any action taken as a direct result from an employer’s inclusion on the List.
· States that the List does not affect or limit any existing property rights if a property is not included on the List.
Unlawful Picketing, Trespassory Assembly and Unlawful Mass Assembly
· Makes it unlawful for a labor organization to engage in picketing or to induce others to engage in picketing for the purpose of coercing or inducing an employer or self-employed person to join or contribute to a labor organization.
· Prohibits a person from doing any of the following:
Ø Hindering or preventing the pursuit of any lawful work or employment by mass assembly, unlawful threats or force.
Ø Obstructing or interfering with entrance to or exit from any place of employment, including by intentionally operating a motor vehicle in order to delay, impede or interfere with the ability of persons or vehicles to enter or leave the property.
Ø Obstructing or interfering with the free and uninterrupted use of public roads, streets, highways, railways, airports or other means of travel.
Ø Using language or words threatening to do harm to a person or the person’s real or intangible property or designed to incite fear in any person attempting to enter or leave any property.
Ø Assembling other than in a reasonable and peaceful manner.
· States that these regulations do not prohibit assembly that is authorized under the Arizona or Federal Constitution or federal law.
· Prohibits a labor organization, individual or group that acts on behalf of employees from engaging in trespassory assembly.
· Establishes a Class 1 misdemeanor (6 months/ $2,500) and a fine no less than $200 for a violation of the unlawful picketing, unlawful mass assembly or trespassory assembly provisions if the activity occurred at a property included on the List.
· Permits a court to issue a temporary restraining order or injunction under specific circumstances.
· Makes unlawful picketing, trespassory assembly, unlawful mass assembly and concerted interference with lawful exercise of business activity illegal. Entitles a person against whom any of the activities is directed or who is injured by the activities to injunctive relief.
· Stipulates that any person calling or conducting the activities is liable to an injured person for damages, prejudgment interest, litigation costs and reasonable attorney fees. The damages include lost sales and business, lost profits and loss in value of the business. If the person calling or conducting the activities acted in bad faith or disobeyed a court order, including an injunction, they are liable for punitive damages.
· Prohibits an employer from withholding wages past the date specified by an employee in a written revocation of authorization, unless a court orders otherwise.
· Prohibits a person from declaring or publicizing the continued existence of actual or constructive picketing or assembly at a point or directed against a premises, if a court of competent jurisdiction has enjoined the continuation of the picketing or assembly at that point or premises.
· Expands the definition of harassment.
· Defines concerted interference with lawful exercise of business activity, trespassory assembly, unlawful mass assembly and unlawful picketing.
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Second Regular Session 3 April 6, 2010
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