HB 341 — Public employees; labor union dues deduction authorization.

SESSION INTRODUCEDHOUSE 22100098DSUBSTITUTE I22104717D HOUSE BILL NO.

341 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA JanuarySUBSTITUTE 11,(Proposed 2022by Tthe House Committee on Commerce and Energy on February 10, 2022) (Patron Prior to Substitute––Delegate Freitas) A BnumberedBILL 40.1-57.4,to relatingamend the Code of Virginia by adding in Article 2.1 of Chapter 4 of Title 40.1 a section deduction authorization.ting to collective bargaining by public employees;

labor union duestRondues deductionBe authorization.it enacted by the General Assembly of Virginia:

––––––––––1. O Patron––Freitas D –––––––––– Referred to Committee on Commerce and Energy U –––––––––– C Be it enacted by the General Assembly of Virginia:

sectionThat numberedthe 40.1-57.4Code asof follows:dVirginia is amended by adding in Article 2.1 of Chapter 4 of Title 40.1 a Esection §numbered 40.1-57.4.40.1-57.4 as follows:

§ 40.1-57.4.

Demployers A.who are able to engage in collective bargaining per a local ordinance or resolution oH providing for collective bargaining pursuant to § 40.1-57.2.

The provisions of this section shall apply to employees who are able to engage in collective bargaining per a local ordinance or resolution providing for collective bargaining pursuant to § 40.1-57.2.

For purposes of this section, "deduction authorization" occurs when an employer, upon receipt of written authorization of a public employee permitted to engage in collective bargaining, deducts from the pay of the employee any dues designated or certified by the appropriate bargaining agent of the employerlabor andunion remitsor theother duesemployee toorganization thethat laboris unionan orexclusive employeerepresentative organization.ative of any employees of the C.empC.

The following provisions shall apply to deduction authorizations and all other agreements between an employer of public employees authorized to engage in collective bargaining and a labor union4orunionEor other employee organization to deduct organization dues from an employee's pay:

1 1.

This right shall not be waived by the employee;employee, and no public employer may waive this right on behalS of an emp2.

2.An authorization for employee organization dues to be deducted from an employee's pay shall be on a form prescribed by the Attorney General, in consultation with the Department of Labor and Industry, and shall contain the following statement in writing:

An"The authorizationCommonwealth forof employeeVirginia organizationwishes dues to beinform deductedyou fromthat anyou employee'shave paya shallFirst beAmendment Industry,right to refrain from joining and shallpaying containdues theto followinga statementlSbor inunion writing:or other employee organization.

"IMembership amand awarepayment thatof Idues haveare avoluntary Firstand Amendmentyou rightmay toTot refrainorganization fromor joiningfor andyour payingdecision dues to ajoin laborand unionpay orsuch otheran employee organization.

IBy furthersigning recognizethis thatform, membershipyou andareyee paymentauthorizing ofyour duesemployer areto voluntarydeduct andunion thatdues Ifrom mayyour notsalary bein discriminatedthe againstamounts forspecified myin refusalI to join or financially support a labor union or other employee :

3536 organization.accordance with your labor union's or other employee organization's bylaws.

IYou authorizemay myrevoke employerthisT to37 deductauthorization unionat duesany fromtime."; my salary in the amounts specified in 36 accordance with my labor union's or other employee organization's bylaws.

I understand that I may 37 revoke this authorization at any time.";

The authorization for withholding form shall include the public employee's full name, position, 39 employee receivingorganization, theand authorizationsignature forand withholding form, the employer shall confirmbe thesubmitted authorizationdirectly byr sending an email message to the employeeemployer andby shall wait for confirmation of the authorizationempToyee. before starting any deduction.

Ifsending thean employeeemail doesmessage notto possessthe anemployee's employer-provided email address,address theand employer shall usewait otherforizEtion appropriateby meansconfirmation toof confirm the authorization;authorization before starting any deduction.

If the public employee does not possess an employer-provided email address, the employer shall use other appropriate means to confirm the authorization;

Authorizations by an employee for the withholding of employee organization dues from the employee'semp5. pay shall not exceed one year in duration and shall be subject to annual renewal;

5.

Upon receipt of such a request, the employer shall (i) cease the withholding of employee organization dues from the emHloyee's pay beginning on the first day of the employee's next pay period and (ii) provide written or emailyee'semBil notification of the employee's decision to the employee organization.

The notification in clauseclaus4 (ii) shall occur within a reasonable time to ensure that the employee is not required to have dues withheldwithhelH during thethe6. employee's next pay period or any subsequent pay period;

and 6.

The notification shall also include (i) the authorization form described in subdivision 2 and (ii) the average amount of dues that the employee will be notliable revoketo thepay authorizationto before it expires.ng the duration of the authorization if the employee doesorganization HB341each 2pay ofperiod 2and D.annually.

ByD. December 1, 2022 and annually by December 1 of each year thereafter, the Attorney General, in consultation with the Department of Labor and Industry, shall notify all public employers of employees authorized to engage in collective bargaining of the provisions of subsection C.

By December 1, 2022 and annually by December 1 of each year thereafter, the Attorney General, HB341H1 2 of 2 in consultation with the Department of Labor and Industry, shall notify all public employers of employees authorized to engage in collective bargaining of the provisions of subsection C.

E.

The provisions of this section shall apply to each collective bargaining agreement or contract that is entered into, modified, extended, affected by a new or changed memorandum of understanding, amended, or otherwise changed or altered in any way on or after July 1, 2022.

The requirements of this section shall not affect any collective bargaining agreement or contract that is in effect prior to July 1, 2022, the terms of which shall remain valid until the adoption of a new collective bargaining agreement or contract or the modification, extension, or alteration thereof.