REPORT TITLE: 
Repeals collective bargaining
and establishes the right to
work.
DESCRIPTION:
Repeals collective bargaining in public employment and
establishes the Right-to-Work Act.

 
HB HMIA 2000-59
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1795
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO THE RIGHT-TO-WORK IN PUBLIC EMPLOYMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  The purpose of this Act is to repeal collective
 
 2 bargaining in public employment and establish a new chapter
 
 3 entitled, "The Right-to-Work Act."
 
 4      SECTION 2.  Chapter 89, Hawaii Revised Statutes, is
 
 5 repealed.
 
 6      SECTION 3.  The Hawaii Revised Statutes is amended by adding
 
 7 a new chapter to be appropriately designated and to read as
 
 8 follows:
 
 9                             "CHAPTER
 
10                       THE RIGHT-TO-WORK ACT
 
11         -1  Declaration of public policy.  It is hereby
 
12 declared to be the public policy of the State of Hawaii, in order
 
13 to maximize individual freedom of choice in the pursuit of
 
14 employment and to encourage an employment climate conducive to
 
15 economic growth, that the right to work shall be subject to undue
 
16 restraint or coercion.  The right to work shall not be infringed
 
17 or restricted in any way based on membership in, affiliation
 
18 with, or financial support of a labor organization.
 
19         -2  Definition.  The term "labor organization" means
 

 
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 1 any organization of any kind, or agency or employee
 
 2 representation committee or union, that exists for the purpose,
 
 3 in whole or in part, of dealing with employers concerning wages,
 
 4 rate of pay, hours of work, other conditions of employment, or
 
 5 other forms of compensation.
 
 6         -3  Freedom of choice guaranteed, discrimination
 
 7 prohibited.  No person shall be required, as a condition of
 
 8 employment or continuation of employment:
 
 9      (a) to resign or refrain from voluntary membership in,
 
10 voluntary affiliation with, or voluntary financial support of a
 
11 labor organization;
 
12      (b) to become or remain a member of a labor organization;
 
13      (c) to pay any dues, fees, assessments, or other charges of
 
14 any kind or amount to a labor organization;
 
15      (d) to pay to any charity or other third party, in lieu of
 
16 such payments, any amount equivalent to or a pro-rata portion of
 
17 dues, fees, assessments, or other charges regularly required of
 
18 members of a labor organization; or
 
19      (e) to be recommended, approved, referred, or cleared by or
 
20 through a labor organization.
 
21        -4  Voluntary deductions protected.  It shall be
 
22 unlawful to deduct from the wages, earnings, or compensation of
 
23 an employee any union dues, fees, assessments, or other charges
 

 
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 1 to be held for, transferred to, or paid over to a labor
 
 2 organization, unless the employee has first presented, and the
 
 3 employer has received, a signed written authorization of such
 
 4 deductions, which authorization may be revoked by the employee at
 
 5 any time by giving written notice of such revocation to the
 
 6 employer.
 
 7        -5  Agreements in violation, and actions to induce such
 
 8 agreements, declared illegal.  Any agreement, understanding, or
 
 9 practice, written or oral, implied or expressed, between any
 
10 labor organization and employer that violates the rights of
 
11 employees as guaranteed by provisions of this chapter is hereby
 
12 declared to be unlawful, null and void, and of no legal effect.
 
13 Any strike, picketing, boycott, or other action by a labor
 
14 organization for the sole purpose of inducing or attempting to
 
15 induce an employer to enter into any agreement prohibited under
 
16 this chapter is hereby declared to be for an illegal purpose and
 
17 is a violation of the provisions of this chapter.
 
18        -6  Coercion and intimidation prohibited.  It shall be
 
19 unlawful for any person, labor organization, or officer, agent or
 
20 member thereof, or employer, of officer thereof, by any
 
21 threatened or actual intimidation of an employee or prospective
 
22 employee, or an employee's or prospective employee's parents,
 
23 spouse, children, grandchildren, or any other person residing in
 

 
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 1 the employee's or prospective employee's home, or by any damage
 
 2 or threatened damage to an employee's or prospective employee's
 
 3 property, to compel or attempt to compel such employee to join,
 
 4 affiliate with, or financially support a labor organization or to
 
 5 refrain from doing so, or otherwise forfeit any rights as
 
 6 guaranteed by provisions of this chapter.  It shall also be
 
 7 unlawful to cause or attempt to cause an employee to be denied
 
 8 employment or discharged from employment because of support or
 
 9 nonsupport of a labor organization by inducing or attempting to
 
10 induce any other person to refuse to work with such employees.
 
11        -7  Penalties.  Any person who directly or indirectly
 
12 violates any provision of this chapter shall be guilty of a
 
13 misdemeanor, and upon conviction thereof shall be subject to a
 
14 fine not exceeding $1,000 or imprisonment for a period of not
 
15 more than one year, or both such fine and imprisonment.
 
16        -8  Civil remedies.  Any employee harmed as a result of
 
17 any violation or threatened violation of the provisions of this
 
18 chapter shall be entitled to injunctive relief against any and
 
19 all violators or persons threatening violations and may in
 
20 addition thereto recover any and all damages, including costs and
 
21 reasonable attorney fees, of any character resulting from such
 
22 violation or threatened violation.  Such remedies shall be
 
23 independent of and in addition to the penalties and remedies
 

 
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 1 prescribed in other provisions of this chapter.
 
 2        -9  Duty to investigate.  It shall be the duty of the
 
 3 attorney general to investigate complaints of violations or
 
 4 threatened violations of this chapter and to prosecute all
 
 5 persons violating any of its provisions, and to take all action
 
 6 necessary to ensure its effective enforcement.
 
 7        -10  Application.  The provisions of this chapter shall
 
 8 apply to all contracts entered into after the effective date of
 
 9 this chapter and shall apply to any renewal or extension of any
 
10 existing contract.
 
11      SECTION 4.  This Act shall take effect upon its approval.
 
12 
 
13 
 
14                         INTRODUCED BY:___________________________
 

 
HB HMIA 2000-59