Text: HSB00114 Text: HSB00116 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13.2, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 13. Investigate complaints and prosecute 1 4 violations of chapter 731, and take all means necessary to 1 5 ensure effective enforcement of chapter 731. 1 6 Sec. 2. Section 331.756, Code 1995, is amended by adding 1 7 the following new subsection: 1 8 NEW SUBSECTION. 79A. Investigate complaints and prosecute 1 9 violations of chapter 731, and take all means necessary to 1 10 ensure effective enforcement of chapter 731. 1 11 Sec. 3. Section 731.2, Code 1995, is amended to read as 1 12 follows: 1 13 731.2 REFUSAL TO EMPLOY PROHIBITED. 1 14 It shall be unlawful foranya person, firm, association, 1 15 or corporation to refuse or deny employment or threaten to 1 16 refuse or deny employment to any person because of membership 1 17 in, or affiliation with, or resignation or withdrawal from, a 1 18 labor union, organization, or association, or because of 1 19 refusal to join or affiliate with a labor union, organization, 1 20 or association. 1 21 Sec. 4. NEW SECTION. 731.2A COERCION AND INTIMIDATION 1 22 PROHIBITED. 1 23 It shall be unlawful for a person, labor organization, or 1 24 employer, or any officer, agent, or member of any labor 1 25 organization or employer, by any threatened or actual 1 26 intimidation of an employee or prospective employee, or the 1 27 employee's or prospective employee's parents, spouse, 1 28 children, grandchildren, or any other persons residing in the 1 29 employee's or prospective employee's home, or by any damage or 1 30 threatened damage to the employee's property, to compel or 1 31 attempt to compel the employee or prospective employee to 1 32 join, affiliate with, or financially support a labor 1 33 organization or to refrain from doing so, or to otherwise 1 34 forfeit the employee's or prospective employee's rights as 1 35 guaranteed by this chapter. It shall also be unlawful to 2 1 cause the employee or prospective employee to be denied 2 2 employment or discharged from employment because of support or 2 3 nonsupport of a labor organization by inducing or attempting 2 4 to induce any other person to refuse to work with the employee 2 5 or prospective employee. 2 6 Sec. 5. Section 731.3, Code 1995, is amended to read as 2 7 follows: 2 8 731.3 CONTRACTS TO EXCLUDE UNLAWFUL. 2 9 It shall be unlawful foranya person, firm, association, 2 10 corporation, or labor organization to enter intoanyor 2 11 threaten to enter into an understanding, contract, or 2 12 agreement, whether written or oral, to exclude from employment 2 13 members of a labor union, organization, or association, or 2 14 persons who do not belong to, or who refuse to join, or who 2 15 resign or withdraw from a labor union, organization, or 2 16 association, or because of resignation or withdrawal2 17therefrom. 2 18 Sec. 6. Section 731.7, Code 1995, is amended to read as 2 19 follows: 2 20 731.7INJUNCTIONREMEDIES. 2 21AdditionalIn addition to the penal provisions of this 2 22 chapter,anya person, firm, corporation, association, orany2 23 a labor union, labor association, or labor organization, or 2 24anyan officer, representative, agent or member thereof may be 2 25 restrained by injunction from threatening, or doing or 2 26 continuing to doany of thematters and things prohibited by 2 27 this chapter, and all of the provisions of the law relating to 2 28 the granting of restraining orders and injunctions, either 2 29 temporary or permanent, shall be applicable. 2 30 An action in district court may be brought for a violation 2 31 of this chapter. A person injured as a result of a violation 2 32 of this chapter shall be entitled to recover any and all 2 33 actual, punitive, and other damages, in addition to costs and 2 34 attorney fees, and other equitable relief as the court deems 2 35 appropriate. 3 1 Sec. 7. Section 732.1, subsection 3, Code 1995, is amended 3 2 to read as follows: 3 3 3. To force or requireanyan employerother than their3 4own employerto recognize, deal with, comply with the demands 3 5 of, or employ members ofanya labor union, association, or 3 6 organization, or 3 7 EXPLANATION 3 8 This bill requires county attorneys and the attorney 3 9 general to investigate and prosecute complaints arising out of 3 10 chapter 731, relating to labor union membership. The bill 3 11 prohibits a threat to deny employment to a person or a threat 3 12 to enter into a contract to deny employment to a person 3 13 because of membership in or nonmembership in a union. 3 14 The bill also makes it unlawful for a person, labor 3 15 organization, or employer to coerce or intimidate a person or 3 16 certain members of the person's family or household to 3 17 influence the person to join or refuse to join a labor 3 18 organization, or to deny employment or discharge an employee 3 19 by inducing or attempting to induce any person to refuse to 3 20 work with the employee. 3 21 A person injured as a result of a violation of chapter 731 3 22 is entitled to recover damages and attorney fees in a civil 3 23 action under the bill. 3 24 LSB 1774HC 76 3 25 kh/jw/5
Text: HSB00114 Text: HSB00116 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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