Louisiana HB 980: LABOR: Provides relative to the resignation from labor organizations dues for teachers and other school employees and public employees

Bill Text

HLS 24RS-3851 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 980 (Substitute for House Bill No. 712 by Representative Crews)
BY REPRESENTATIVE CREWS
LABOR: Provides relative to the resignation from labor organizations dues for teachers and
other school employees and public employees
1 AN ACT
2 To amend and reenact R.S. 42:457 and to enact R.S. 17:438(E) and (F), relative to labor
3 organizations; to provide for the resignation from labor organizations dues for
4 teachers or other school employees; to provide for the resignation from labor
5 organization and union dues for public employees; to provide for collective
6 bargaining agreements or contracts; to provide for reporting and notification
7 requirements; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:438(E) and (F) are hereby enacted to read as follows:
10 §438. Permitted withholdings; exceptions
11 * * *
12 E.(1) A state, parish, city, local school board, or any other governmental
13 agency shall notify the employee of his right to cease payment of member
14 organization dues. The state, parish, city, local school board, or any other
15 governmental agency shall provide written or email notification, at least annually,
16 to the employee to inform him that he can withdraw from the organization.
17 (2) All authorizations shall be on a form prescribed by the employer and
18 contain the following statement in fourteen-point boldface font:
19 "The state of Louisiana wishes to inform you that you have a First
20 Amendment right to join or refrain from joining and paying dues to a labor
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HLS 24RS-3851 ENGROSSED
HB NO. 980
1 organization. Membership and payment of dues are voluntary and you may not be
2 discriminated against for your decision or your refusal to join or financially support
3 a labor organization. You may authorize your employer to deduct union dues from
4 your salary in the amount specified in accordance with a labor organization's bylaws.
5 You may revoke this authorization at any time."
6 (3) All authorizations shall be submitted to the employer and contain the
7 employee's full name, position, employee organization, and signature. Before
8 starting any deductions, the employer shall confirm the authorization by emailing the
9 employee at his employer-provided email address and the employer shall wait for
10 confirmation of the authorization. If the employee does not possess an employer-
11 provided address then the employer may use other means it deems appropriate to
12 confirm the authorization.
13 F. The provisions of this Section shall not apply to law enforcement and
14 firefighters.
15 Section 2. R.S. 42:457 is hereby amended and reenacted to read as follows:
16 §457. Union dues
17 A. Any state, parish, or city employee may authorize his employing
18 department, board, or agency to withhold from his salary a specific amount for such
19 pay periods as may be designated, for payment of his dues to any labor organization
20 to which he belongs and which he designates therein. In such cases, the employee
21 must voluntarily execute and furnish to the employing department, board, or agency
22 a written and specific authorization for such deductions; however, the employing
23 authority may elect whether or not to make such deductions. Any amount withheld
24 in accordance with the provisions of this Section shall be remitted on a regularly
25 scheduled basis as prescribed by rules promulgated by the Division of
26 Administration and administered by the state payroll office to the organization
27 designated.
28 B.(1) Upon the submission of a written or electronic request to the employer,
29 the employee shall have the right to immediately cease the withholding of dues from
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CODING: Words in struck through type are deletions from existing law; words underscored
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HLS 24RS-3851 ENGROSSED
HB NO. 980
1 his wages. Upon receipt of a request to withhold, the employer shall immediately
2 provide written or electronic notification to the labor organization or union of the
3 employee's decision.
4 (2) Upon receipt of the notification provided for in Paragraph (1) of
5 Subsection, the employer shall cease any withholding of dues from the employee's
6 wages and the employee shall not accrue any further debt to the labor organization
7 or union. The employee's right to immediately discontinue any financial obligation
8 to the labor organization or union shall not be waived.
9 (3) All authorizations for use of salary deductions for payment of labor
10 organization or union dues shall not exceed one year in duration and shall be
11 annually renewed in order to remain effective. Any prior authorization for
12 deductions for payment of association dues shall be deemed invalid.
13 (4) This Section shall apply prospectively to any new collective bargaining
14 agreeme