ARIZONA STATE SENATE
Forty-ninth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1242
employer protections; labor relations
Outlines regulations regarding unlawful picketing,
trespassory assembly and unlawful mass assembly and establishes a no trespass
public notice list.
is one of a number of states that has a “right-to-work” provision in its
Constitution. Article XXV of the Constitution of Arizona 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. Arizona statute restates verbatim this language.
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.
There is no anticipated fiscal impact to
the state General Fund as a result of this legislation.
Unlawful Picketing, Trespassory Assembly and Unlawful
Makes it unlawful for a labor organization to engage in picketing or to
induce others to engage in picketing if the purpose is to coerce or induce an
employer or self-employed person to join or contribute to a labor organization.
Prohibits a labor organization or group that acts on behalf of employees
to engage in trespassory assembly.
Prohibits a person to:
hinder or prevent the pursuit of
any lawful work or employment by mass assembly, unlawful threats or force.
obstruct or interfere with
entrance to or egress from any place of employment, including by intentionally
operating a motor vehicle so as to delay, impede or interfere with the ability
of persons or vehicles to enter or leave any property.
obstruct or interfere with the
free and uninterrupted use of public roads, streets, highways, railways,
airports or other means of travel or conveyance.
use 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.
assemble other than in a
reasonable and peaceful manner.
Stipulates that these regulations do not prohibit assembly to the extent
that is authorized under the Arizona or federal Constitution or federal law.
Stipulates that a person commits defamation of an employer by doing all
of the following:
a) maliciously making a false statement
about the employer to a third party without privilege;
b) knowingly, recklessly or negligently
disregarding the falsity of the statement; and
c) causing damage to the employer by the
Allows an employer, against whom defamation is directed or who is
injured by defamation, to obtain an injunctive relief.
Stipulates that the person who commits the defamation is liable to any
person injured by the defamation for damages, prejudgment interest, attorney
fees, the costs of litigation and punitive damages. Stipulates that damages
can include lost sales and business, lost profits and loss in value of the
Stipulates that a labor union or a subdivision or local chapter of a
labor organization is bound by and liable for the acts of its agents. Allows
the labor union or organization to sue or be sued in its common name.
No Trespass Public Notice List
Requires a county recorder to establish a no trespass public notice list
identifying employers in the county who have established private property
rights to their establishment and any related real property in the county.
an employer to provide copies of appropriate documents that establish the
employer’s private property rights, including the address and legal description
of the property to which it has legal control, to the county recorder in order
to be included on the no trespass list.
the county recorder to list the employer and its address on the no trespass
public notice list and maintain a copy of the documents for public inspection
if an employer provides the documents needed to be on the list and pays the
effective on January 15, 2011, the county recorder to do the following every
January 15 and July 15:
a) publish the no trespass public
notice list at least one day a week for four consecutive weeks in a newspaper
of general circulation in the county. Stipulates that if there is no such
newspaper, the list must be published in a newspaper of general circulation in
an adjoining county.
b) publish the list on the county
recorder’s website and have the list accessible in the county recorder’s
c) provide a copy of the list to every
law enforcement agency in the county.
that publication of the list establishes a presumption that all members of the
public have notice of all employers and properties shown on the list.
each law enforcement agency to maintain the most recent list received from the
county recorder for its use in responding to complaints of unlawful picketing,
trespassory assembly or unlawful mass assembly.
a responding peace officer to require the employer to provide further
documentation to establish the employer’s property rights before requiring any
labor organization or individual or groups of individuals acting on employees’
behalf that are engaged in unlawful picketing, trespassory assembly or mass
picketing to leave the employer’s property or cease from blocking ingress to or
egress from the employer’s property if the property is identified on the list.
that the list does not affect or limit any exiting property rights if a
property is not included on the list.
unlawful picketing, trespassory assembly, unlawful mass assembly, concerted
interference with lawful exercise of business activity and engaging in a
secondary boycott illegal. Entitles a person against whom any of the
activities is directed or who is injured by the activities to injunctive
that the person or persons calling or conducting the activities is liable for
damages, prejudgment interest, litigation costs and reasonable attorney fees.
Stipulates that damages include lost sales and business, lost profits and loss
in value of the business.
that the person calling or conducting the unlawful activities is liable for
punitive damages if the person acted in bad faith or disobeyed a court order,
including an injunction.
that a person who unlawfully pickets, trespasses or participates in an unlawful
mass assembly is guilty of a class 2 misdemeanor and requires that person to
pay a fine of at least $200.
that a person who unlawfully pickets, trespasses or participates in an unlawful
mass assembly at a property listed on the no trespass public notice list is
guilty of a class 1 misdemeanor and requires that person to pay a fine of at
a court to issue a temporary restraining order or injunction for actions
involving organized labor disputes that prohibits speech or other activities
that are constitutionally protected or otherwise protected by law if unlawful
picketing, trespassory assembly, unlawful mass assembly, concerted interference
with lawful exercise of business activity and engaging in a secondary boycott,
defamation or any actual or threatened misrepresentation, fraud, duress,
violence or breach of the peace occur.
a person to declare or publicize 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.
an employer from withholding wages past the date specified by an employee in a
written revocation of authorization, unless a court orders otherwise.
the definition of harassment.
concerted interference with lawful exercise of business activity,
trespassory assembly, unlawful mass assembly and unlawful picketing.
technical and conforming changes.
effective on the general effective date.
by Senate Research