Amends TCA Title 50.
Present law states that it is unlawful for a person, firm, corporation, or association to exclude a person from employment because of the person's payment of or failure to pay dues, fees, assessments, or other charges to a labor union. This bill adds that: (1) The above provision does not prohibit an employer and a labor union or employee organization, acting as the exclusive collective bargaining representative of the employer's employees or of a group of those employees from negotiating and enforcing an agency fee provision in a collective bargaining agreement; (2) The labor union or employee organization may collect an agency fee by lawful means. This bill specifies that an employer must not discharge an employee for failing to pay the agency fee, and an employee is not required to become a member of a union or organization; and (3) The provisions in items (1) and (2) do not apply to a labor union or employee organization acting as the exclusive bargaining representative for public employees. For purposes of this bill, an "agency fee" means a fee that an employee working for an employer that has signed a collective bargaining agreement with a labor union or employee organization must pay in place of dues when the employee elects to not be a member of the union or organization.
Present law states that it is unlawful for a person, firm, corporation, or association to exclude a person from employment because of the person's payment of or failure to pay dues, fees, assessments, or other charges to a labor union. This bill adds that: (1) The above provision does not prohibit an employer and a labor union or employee organization, acting as the exclusive collective bargaining representative of the employer's employees or of a group of those employees from negotiating and enforcing an agency fee provision in a collective bargaining agreement; (2) The labor union or employee organization may collect an agency fee by lawful means. This bill specifies that an employer must not discharge an employee for failing to pay the agency fee, and an employee is not required to become a member of a union or organization; and (3) The provisions in items (1) and (2) do not apply to a labor union or employee organization acting as the exclusive bargaining representative for public employees. For purposes of this bill, an "agency fee" means a fee that an employee working for an employer that has signed a collective bargaining agreement with a labor union or employee organization must pay in place of dues when the employee elects to not be a member of the union or organization.
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