Text: HF00125 Text: HF00127 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 731.10 USE OF STATE FUNDS AND
1 2 FACILITIES TO ASSIST, PROMOTE, OR DETER UNION ORGANIZING
1 3 PROHIBITED.
1 4 1. DEFINITIONS. As used in this section, unless the
1 5 context otherwise requires:
1 6 a. "Assist, promote, or deter union organizing" means any
1 7 attempt by an employer to influence the decision of its
1 8 employees in this state or those of its subcontractors
1 9 regarding either of the following:
1 10 (1) Whether to support or oppose a union that represents
1 11 or seeks to represent those employees.
1 12 (2) Whether to become a member of any union.
1 13 b. "Employer" means any individual, corporation,
1 14 unincorporated association, partnership, government agency,
1 15 government body, or other legal entity that employs more than
1 16 one person in the state.
1 17 c. "State contractor" means any employer that receives
1 18 state funds for supplying goods or services pursuant to a
1 19 written contract with the state or any of its agencies.
1 20 "State contractor" includes an employer that receives state
1 21 funds pursuant to a contract specified in paragraph "d". For
1 22 purposes of this section, the contract shall be deemed to be a
1 23 contract with a state agency.
1 24 d. "State funds" means any moneys drawn from the state
1 25 treasury or any special or trust fund of the state. "State
1 26 funds" includes any moneys appropriated by the state and
1 27 transferred to any public agency, including a special
1 28 district, that is used by the public agency to fund, in whole
1 29 or part, a service contract in excess of two hundred fifty
1 30 thousand dollars.
1 31 e. "State property" means any property or facility owned
1 32 or leased by the state or any state agency.
1 33 2. REIMBURSEMENTS – USE OF STATE FUNDS PROHIBITED.
1 34 a. State funds shall not be used to reimburse a state
1 35 contractor for any costs incurred to assist, promote, or deter
2 1 union organizing.
2 2 b. A request for reimbursement from state funds by a state
2 3 contractor must include a certification that the state
2 4 contractor is not seeking reimbursement for costs incurred to
2 5 assist, promote, or deter union organizing. A state
2 6 contractor that incurs costs to assist, promote, or deter
2 7 union organizing shall maintain records sufficient to show
2 8 that a reimbursement from state funds has not been sought for
2 9 those costs. The state contractor shall provide the records
2 10 to the attorney general upon request.
2 11 c. A state contractor is liable to the state for the
2 12 amount of any funds obtained in violation of paragraph "a",
2 13 plus a civil penalty equal to twice the amount of the funds.
2 14 d. This section does not apply to a fixed-price contract
2 15 or to any other arrangement by which the amount of the payment
2 16 of state funds does not depend on the costs incurred by the
2 17 state contractor.
2 18 3. STATE GRANTS – USE OF STATE FUNDS PROHIBITED.
2 19 a. The recipient of a grant of state funds, including
2 20 state funds disbursed as a grant by a public agency, shall not
2 21 use the funds to assist, promote, or deter union organizing.
2 22 b. For purposes of this section, each recipient of a grant
2 23 of state funds shall account for the funds as follows:
2 24 (1) State funds designated by the grantor for use for a
2 25 specific expenditure of the recipient shall be accounted for
2 26 as allocated to that expenditure.
2 27 (2) State funds that are not designated as described in
2 28 subparagraph (1) shall be allocated on a pro rata basis to all
2 29 expenditures by the recipient that support the program for
2 30 which the grant is made.
2 31 c. Prior to the disbursement of a grant of state funds,
2 32 the recipient shall provide a certification to the state that
2 33 the funds will not be used to assist, promote, or deter union
2 34 organizing. Any recipient that makes expenditures to assist,
2 35 promote, or deter union organizing shall maintain records
3 1 sufficient to show that state funds have not been used for
3 2 such expenditures. The grant recipient shall provide the
3 3 records to the attorney general upon request.
3 4 d. A grant recipient is liable to the state for the amount
3 5 of funds expended in violation of paragraph "a", plus a civil
3 6 penalty equal to twice the amount of the funds.
3 7 4. STATE CONTRACTS – USE OF STATE FUNDS PROHIBITED.
3 8 a. A state contractor that receives state funds in excess
3 9 of fifty thousand dollars pursuant to a contract with the
3 10 state or a state agency shall not use the state funds to
3 11 assist, promote, or deter union organizing during the life of
3 12 the contract, including any extensions or renewals of the
3 13 contract. The dollar threshold in this paragraph, however,
3 14 does not limit the application of other provisions of this
3 15 chapter that restrict the use of state funds.
3 16 b. All contracts in excess of fifty thousand dollars that
3 17 are awarded by the state or a state agency must contain the
3 18 prohibition stated in paragraph "a".
3 19 c. A state contractor that is subject to paragraph "a" and
3 20 that makes expenditures to assist, promote, or deter union
3 21 organizing shall maintain records sufficient to show that
3 22 state funds were not used for such expenditures. The state
3 23 contractor shall provide the records to the attorney general
3 24 upon request.
3 25 d. A state contractor is liable to the state for the
3 26 amount of any funds expended in violation of paragraph "a",
3 27 plus a civil penalty equal to twice the amount of the funds.
3 28 5. MEETINGS ON STATE PROPERTY – PROHIBITED.
3 29 a. An employer conducting business on state property
3 30 pursuant to a contract or concession agreement with the state
3 31 or a state agency, or a subcontractor on such a contract or
3 32 agreement, shall not use state property to hold a meeting with
3 33 any employees or supervisors if the purpose of the meeting is
3 34 to assist, promote, or deter union organizing. This
3 35 subsection does not apply if the state property is equally
4 1 available, without charge, to the general public for holding a
4 2 meeting.
4 3 b. An employer that violates paragraph "a" is liable to
4 4 the state for a civil penalty equal to one thousand dollars
4 5 per employee per meeting.
4 6 6. PUBLIC EMPLOYER – USE OF STATE FUNDS PROHIBITED.
4 7 a. A public employer receiving state funds shall not use
4 8 any of those funds to assist, promote, or deter union
4 9 organizing.
4 10 b. A public official who knowingly authorizes the use of
4 11 state funds in violation of paragraph "a" is liable to the
4 12 state for the amount of the funds.
4 13 7. STATE PROGRAMS – USE OF STATE FUNDS PROHIBITED.
4 14 a. A private employer receiving state funds in excess of
4 15 ten thousand dollars in any calendar year on account of its
4 16 participation in a state program shall not use any of the
4 17 funds to assist, promote, or deter union organizing.
4 18 b. As a condition of participating in a state program
4 19 pursuant to which it will receive state funds in excess of ten
4 20 thousand dollars in any calendar year, a private employer
4 21 shall provide a certification to the state that the funds will
4 22 not be used to assist, promote, or deter union organizing.
4 23 c. A private employer that is subject to paragraph "a" and
4 24 who makes expenditures to assist, promote, or deter union
4 25 organizing shall maintain records sufficient to show that
4 26 state funds were not used for such expenditures. The private
4 27 employer shall provide the records to the attorney general
4 28 upon request.
4 29 d. A private employer is liable to the state for any funds
4 30 expended in violation of paragraph "a" plus a civil penalty
4 31 equal to twice the amount of the funds.
4 32 8. VIOLATIONS – CIVIL ACTION.
4 33 a. A civil action for a violation of this section may be
4 34 brought by the attorney general, or by any state taxpayer, on
4 35 behalf of the people of the state, for injunctive relief,
5 1 damages, civil penalties, and other appropriate equitable
5 2 relief. All damages and civil penalties collected pursuant to
5 3 this section shall be paid to the general fund of the state.
5 4 b. Before filing an action under this subsection, a
5 5 taxpayer shall give written notice to the attorney general of
5 6 the alleged violation and the intent to bring suit. If the
5 7 attorney general commences a civil action for the same alleged
5 8 violation within sixty days of receiving the notice, a
5 9 separate action by the taxpayer shall be barred.
5 10 c. A taxpayer may intervene as a plaintiff in any action
5 11 brought under this subsection.
5 12 d. A prevailing plaintiff in any action brought under this
5 13 subsection is entitled to recover reasonable attorney fees and
5 14 costs. A prevailing taxpayer intervenor who makes a
5 15 substantial contribution to an action brought under this
5 16 subsection is entitled to recover reasonable attorney fees and
5 17 costs.
5 18 9. ACCOUNTING RULES.
5 19 a. For purposes of this section, any expense, including
5 20 legal and consulting fees and salaries of supervisors and
5 21 employees, incurred for research for, or preparation,
5 22 planning, or coordination of, or carrying out, an activity to
5 23 assist, promote, or deter union organizing shall be treated as
5 24 paid or incurred for that activity.
5 25 b. For purposes of accounting for expenditures, if state
5 26 funds and other funds are commingled, any expenditures to
5 27 assist, promote, or deter union organizing shall be allocated
5 28 between state funds and other funds on a pro rata basis.
5 29 10. EXCEPTIONS. This section does not apply to an
5 30 activity performed, or to an expense incurred, in connection
5 31 with any of the following:
5 32 a. Addressing a grievance or negotiating or administering
5 33 a collective bargaining agreement.
5 34 b. Allowing a labor organization or its representatives
5 35 access to the employer's facilities or property.
6 1 c. Performing an activity required by federal or state law
6 2 or by a collective bargaining agreement.
6 3 d. Negotiating, entering into, or carrying out a voluntary
6 4 recognition agreement with a labor organization.
6 5 Sec. 2. APPLICABILITY. This Act does not apply to an
6 6 expenditure made prior to the effective date of this Act, or
6 7 to a grant or contract awarded prior to the effective date of
6 8 this Act, unless the grant or contract is modified, extended,
6 9 or renewed after the effective date of this Act.
6 10 EXPLANATION
6 11 This bill creates a new section in Code chapter 731 which
6 12 prohibits private and public employers from using moneys
6 13 received from the state to influence their employees about
6 14 unionization. The prohibition includes state funds received
6 15 in the form of reimbursements, state grants, and state
6 16 contracts, and through state programs.
6 17 The bill also prohibits employers that conduct business on
6 18 state property from holding meetings on state property for the
6 19 purpose of influencing employees about unionization unless the
6 20 state property is equally available, without charge, to the
6 21 general public. The bill also provides civil penalties and
6 22 provides that the attorney general or any state taxpayer can
6 23 bring a civil action and obtain damages and penalties that are
6 24 to be paid into the general fund of the state. The prevailing
6 25 plaintiff in such an action is also entitled to attorney fees
6 26 and costs.
6 27 LSB 1635YH 79
6 28 av/gg/8
Text: HF00125 Text: HF00127 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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