HJR 1 (LSB 1578YH (5) 85)

HOUSE JOINT RESOLUTION 1

BY  FORRISTALL, PAULSEN, UPMEYER, S. OLSON, SODERBERG, HEATON, DRAKE, GARRETT, L. MILLER, RAYHONS, SHEETS, BYRNES, HIGHFILL, HUSEMAN, LOFGREN, ALONS, PETTENGILL, HAGENOW, SALMON, FISHER, BACON, KOESTER, LANDON, HESS, SCHULTZ, SHAW, STANERSON, BALTIMORE, VANDER LINDEN, FRY, HEIN, COSTELLO, ROGERS, BAUDLER, HANUSA, MOORE, WATTS, R. TAYLOR, HEARTSILL, GRASSLEY, JORGENSEN, GASSMAN, DOLECHECK, KLEIN, WINDSCHITL, WORTHAN, MAXWELL, SANDS, COWNIE, J. SMITH, DEYOE, KAUFMANN, and BRANDENBURG

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to the right to work.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   The Constitution of the State of Iowa is amended by adding the following new sections to new Article XIII: 
ARTICLE XIII.
LABOR UNION MEMBERSHIP.
   Right to join union.  SECTION 1.
  It is declared to be the policy of the state of Iowa that no person within its boundaries shall be deprived of the right to work at the person’s chosen occupation for any employer because of membership in, affiliation with, withdrawal or expulsion from, or refusal to join, any labor union, organization, or association, and any contract which contravenes this policy is illegal and void. 
   Refusal to employ prohibited.  SEC. 2.  It shall be unlawful for any person, firm, association, or corporation to refuse or deny employment to any person because of membership in, or affiliation with, or resignation or withdrawal from, a labor union, organization, or association, or because of refusal to join or affiliate with a labor union, organization, or association. 
   Contracts to exclude unlawful.  SEC. 3.  It shall be unlawful for any person, firm, association, corporation, or labor organization to enter into any understanding, contract, or agreement, whether written or oral, to exclude from employment members of a labor union, organization, or association, or persons who do not belong to, or who refuse to join, a labor union, organization, or association, or because of resignation or withdrawal therefrom. 
   Union dues as prerequisite to employment —— prohibited.  SEC. 4.  It shall be unlawful for any person, firm, association, labor organization, corporation, or political subdivision, either directly or indirectly, or in any manner or by any means as a prerequisite to or a condition of employment, to require any person to pay dues, charges, fees, contributions, fines, or assessments to any labor union, labor association, or labor organization. 
   Deducting dues from pay unlawful.  SEC. 5.  It shall be unlawful for any person, firm, association, labor organization, or corporation to deduct labor organization dues, charges, fees, contributions, fines, or assessments from an employee’s earnings, wages, or compensation, unless the employer has first been presented with an individual written order therefor signed by the employee, which written order shall be terminable at any time by the employee giving at least thirty days’ written notice of such termination to the employer. 
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly and the secretary of state is directed to cause it to be published for three consecutive months previous to the date of that election as provided by law. 
EXPLANATION
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to labor union membership. The joint resolution proposes incorporating current Code sections 731.1 through 731.5 into the constitution. The resolution provides that a person shall not be deprived of the right to work for any employer because of membership in, or refusal to join, a labor union. The resolution also prohibits requiring the payment of union dues or the deduction of union dues from a person’s pay as a prerequisite for employment.
   The resolution, if adopted, would be referred to the next general assembly for adoption a second time before being submitted to the electorate for ratification.