CO Education - in the BullsEye of Right to Work for Less

Colorado teachers and educational public employees are in the bullseye of ALEC Right to Work For Less

Found this

Meanwhile, the honor of carrying this year's right-to-work (known to opponents as "work for less") bill falls to freshman Sen. Owen Hill, who brings us Senate Bill 13-024. Sen. Hill could have made more edits to the conservative American Legislative Exchange Council's (ALEC) sample "Right to Work" bill--which Sen. Hill's legislation is rather obviously cribbed from. But we guess he was busy.

Then I found this

Here’s a look at the two union membership bills:

    Senate Bill 13-017 would allow teachers and other school employees to opt in or out of union membership at any time, instead of only during specified periods. The sole sponsor is freshman Sen. Vicki Marble, R-Fort Collins.

    Senate Bill 13-024 would forbid employers from requiring employees to join or remain a member of a union or to pay dues to a union or make charitable donations in lieu of dues. The bill would apply to public employers, such as school districts and state colleges. The lone sponsor is new GOP Sen. Owen Hill, R-Colorado Springs

Both freshman - musta got good incentives for doing this - scholarships?
Looks like we have two new  legislators vying for an all expense paid trip to the American Legislative Exchange Council Annual meeting in Chicago in August .

  

Looked at the bills and 13-017 is pretty sparse at this point – waiting for amendments

BUT

The final paragraph of the Marble bill will delight and amaze you

    SECTION 2. Safety clause. The general assembly hereby finds,

    determines, and declares that this act is necessary for the immediate

    preservation of the public peace, health, and safety. 

SENATE BILL 13-024 A BILL FOR AN ACT 101 CONCERNING THE PROHIBITION OF DISCRIMINATION AGAINST 102 EMPLOYEES BASED ON LABOR UNION PARTICIPATION. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits an employer from requiring any person, as a  condition of employment, to become or remain a member of a labor  organization or to pay dues, fees, or other assessments to a labor  organization or to a charity organization or other third party in lieu of the  labor organization. Any agreement that violates these prohibitions or the  rights of an employee is void.  The bill creates civil and criminal penalties for violatons and  authorizes the attorney general and the district attorney in each judicial  district to investigate alleged violations and take action against a person  believed to be in violation. The bill states that all-union agreements are  unfair labor practices. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. In Colorado Revised Statutes, add article 3.3 to title 3 8 as follows: 4 ARTICLE 3.3 5 Membership in Labor Organizations 6 8-3.3-101. Definitions. AS USED IN THIS ARTICLE, UNLESS THE 7 CONTEXT OTHERWISE REQUIRES: 8 (1) "EMPLOYER" MEANS A PERSON, FIRM, ASSOCIATION, 9 CORPORATION, PUBLIC ENTITY, PUBLIC SCHOOL, OR PUBLIC COLLEGE, 10 UNIVERSITY, INSTITUTION, OR EDUCATION AGENCY THAT EMPLOYS A 11 PERSON IN THIS STATE. 12 (2) "LABOR ORGANIZATION" MEANS ANY ORGANIZATION, AGENCY, 13 EMPLOYEE REPRESENTATION COMMITTEE, OR UNION THAT EXISTS FOR THE 14 PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS 15 CONCERNING WAGES, RATES OF PAY, HOURS OF WORK, OTHER CONDITIONS 16 OF EMPLOYMENT, OR OTHER FORMS OF COMPENSATION. 17 8-3.3-102. Prohibited activities. (1) ON AND AFTER JULY 1, 18 2013, AN EMPLOYER SHALL NOT REQUIRE ANY PERSON, AS A CONDITION OF 19 EMPLOYMENT OR THE CONTINUATION OF EMPLOYMENT, TO: 20 (a) BECOME OR REMAIN A MEMBER OF A LABOR ORGANIZATION; 21 (b) PAY DUES, FEES, ASSESSMENTS, OR OTHER SUMS OF MONEY TO 22 A LABOR ORGANIZATION; OR 1 (c) PAY TO A CHARITY OR OTHER THIRD PARTY AN AMOUNT 2 EQUIVALENT TO, OR A PRO RATA PORTION OF, DUES, FEES, ASSESSMENTS, 3 OR OTHER CHARGES PROHIBITED IN PARAGRAPH (b) OF THIS SUBSECTION 4 (1), IN LIEU OF REQUIRING PAYMENT TO A LABOR ORGANIZATION. 5 8-3.3-103. Void agreements. A WRITTEN OR ORAL AGREEMENT, 6 UNDERSTANDING, OR PRACTICE, IMPLIED OR EXPRESSED, BETWEEN A 7 LABOR ORGANIZATION AND EMPLOYER THAT VIOLATES THE RIGHTS OF 8 EMPLOYEES AS GUARANTEED BY THIS ARTICLE IS VOID. 9 8-3.3-104. Penalty. ANY PERSON WHO DIRECTLY OR INDIRECTLY 10 VIOLATES ANY PROVISION OF THIS ARTICLE IS GUILTY OF A MISDEMEANOR 11 AND, UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE 12 THAN ONE THOUSAND DOLLARS, IMPRISONMENT IN THE COUNTY JAIL FOR 13 NOT MORE THAN NINETY DAYS, OR BOTH A FINE AND IMPRISONMENT FOR 14 EACH OFFENSE. 15 8-3.3-105. Civil remedies. (1) ANY PERSON INJURED AS A RESULT 16 OF A VIOLATION OR THREATENED VIOLATION OF THIS ARTICLE MAY BRING 17 SUIT IN A COURT OF COMPETENT JURISDICTION TO RECOVER ALL DAMAGES, 18 INCLUDING COSTS AND REASONABLE ATTORNEY FEES, RESULTING FROM 19 THE VIOLATION OR THREATENED VIOLATION. 20 (2) THE REMEDIES PROVIDED BY THIS SECTION ARE INDEPENDENT 21 OF, AND IN ADDITION TO, ANY OTHER PENALTY OR REMEDY ESTABLISHED 22 BY THIS ARTICLE. 23 8-3.3-106. Investigation of complaints - prosecution of 24 violations. THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY IN EACH 25 JUDICIAL DISTRICT SHALL INVESTIGATE A COMPLAINT OF A VIOLATION OR 26 THREATENED VIOLATION OF THIS ARTICLE, PROSECUTE ANY PERSON 27 VIOLATING THIS ARTICLE, AND TAKE ACTIONS NECESSARY TO ENSURE -3- SB13-024 EFFECTIVE ENFORCEMENT 1 OF THIS ARTICLE.

Right to Work Act Summary ALEC's model Right to Work Act provides that no employee need join or pay dues to a union, or refrain from joining a union, as a condition of employment. The Act establishes penalties and remedies for violations of the Act's provisions. Model Legislation {Title, enacting clause, etc.} Section 1. { Title.} This Act may be cited as the Right to Work Act. Section 3. {Labor organization.} The term "labor organization" means any organization of any kind, or agency or employee representation committee or union, that exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation. Section 4. {Freedom of choice guaranteed, discrimination prohibited.} No person shall be required, as a condition of employment or continuation of employment: (A) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization; (B) to become or remain a member of a labor organization; (C) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization; (D) to pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges regularly required of members of a labor organization; or (E) to be recommended, approved, referred, or cleared by or through a labor organization. Section 6. {Agreements in violation, and actions to induce such agreements, declared illegal.} Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Section 9. {Civil remedies.} Any employee harmed as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief against any and all violators or persons threatening violations and may in addition thereto recover any and all damages, including costs and reasonable attorney fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter. Section 10. {Duty to investigate.} It shall be the duty of the prosecuting attorneys of each county (or the attorney general of this state) to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.