Bill > SB269

This bill, titled the "Employee Preference Act," establishes that all individuals have the right to form, join, or assist labor organizations, or to refrain from such activities, without fear of penalty. It defines "employer" broadly to include the state, political subdivisions, school districts, and public educational institutions, and "labor organization" as any group dealing with employers on wages, hours, or working conditions. Crucially, the bill prohibits employers from requiring any person to become or remain a member of a labor organization or to pay dues or fees to a labor organization or a third party in its place as a condition of employment, hiring, or promotion. It also forbids employers from requiring approval from a labor organization for hiring or promotion. Agreements violating these provisions are declared unlawful, and the Attorney General and district attorneys are empowered to investigate violations, prosecute offenders, and seek injunctive relief. Violators face misdemeanor charges, punishable by fines or imprisonment. Individuals harmed by violations can seek injunctive relief and recover damages, including attorney fees. The act includes exceptions for employees covered by the federal Railway Labor Act and other situations preempted by federal law, and it contains a severability clause. Additionally, the bill amends the Public Employee Bargaining Act to align with these principles, specifically prohibiting mandatory membership or fee payments for public employees and removing the concept of "fair share" fees from the definition of collective bargaining terms.