Amendment vs bill Senate Committee Amendment, #1877, L&IR, Adopted vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
SCASB312 2352 1877 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed bySenate Committee on Labor and Industrial Relations to Original Senate Bill No.
312 BY SENATOR TALBOT AND REPRESENTATIVE MELERINE AN ACT To amend and reenact R.S.
312 by Senator Talbot AMENDMENT NO.
42:457 and to enact R.S.
1 On page 1, line 2, after "reenact" delete “R.S.
17:438(E) and (F), relative to labor organizations;
23:982 and" AMENDMENT NO.
to provide for employee dues and fees to labor organizations;
2 On page 1, line 3, delete “and R.S.
to provideforemployeewithdrawalsfromlabororganizations;toprovideforcollective bargaining agreements or contracts;
23:983.1 through 983.3” AMENDMENT NO.
to provide for reporting and notification requirements;
3 On page 1, line 4, change “contributions” to “dues and fees” AMENDMENT NO.
to provide for costs;
4 On page 1, line 7, delete “to provide relative to definitions;” AMENDMENT NO.
and to provide for related matters.
5 On page 2, delete lines 7 through 15, and insert:
Be it enacted by the Legislature of Louisiana:
"(3) The employer shall not deduct dues or fees without a valid authorization." AMENDMENT NO.
Section 1.
6 On page 3, delete lines 21 through 29 AMENDMENT NO.
R.S.
7 Delete page 4 AMENDMENT NO.
17:438(E) and (F) are herebyenacted to read as follows:
8 On page 5, delete lines 1 through 27 AMENDMENT NO.
§438.
9 On page 5, line 28, change “Section 3.” to “Section 2.” AMENDMENT NO.
Permitted withholdings;
10 On page 6, delete lines 23 through 29, and insert:
exceptions * * * E.(1) Upon the submission of an electronic request to the employer, the employee shall have the right to immediately cease any withholding of dues or fees from his wages.
"(3) The employer shall not deduct dues or fees without a valid authorization." AMENDMENT NO.
Upon receipt of a request from the employee to cease the withholding, the employer shall immediately provide electronic notification to the labor organization or union of the employee's decision.
11 On page 7, delete lines 1 and 2 Page 1 of 1
If the employer receives the employee's request to cease withholding after payroll for the current pay period has been submitted or processed, the cessation of withholding shall take effect as soon as practicable, but no later than the employee's next paycheck.
(2)Upon receiptofthenotification provided forin Paragraph(1)of this Subsection, the employer shall cease withholding dues or fees from the employee's wages, and the employee shall not accrue any further debt to the labor organization or union.
The employee's right to immediately discontinue Page 1 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
312 ENROLLED any financial obligation to the labor organization or union shall not be waived.
(3) This Subsection shall apply prospectively to any new collective bargaining agreement or contract that is enteredinto or any existing collective bargainingagreementthatismodified,extended,orotherwiseaffectedbyanew or modified memorandum of understanding.
F.(1) The labor organization or union in which the employee has membership shall notify the employee of his right to ceasepayment of member dues or fees, and shall provide electronic notification, at least annually, to the employee to inform him that he is allowed to withdraw from the organization.
Thelabororganizationorunionshallhavetheburdenofprooftoestablishthat it has met this requirement.
(2) All withholding authorizations shall be on a form prescribed by the attorneygeneralandcontainthefollowingstatementinfourteen-pointboldface font:
"The state of Louisiana wishes to inform you that you have a First Amendment right to join or refrain from joining and paying dues or fees to a labororganization.Membershipandpaymentofduesorfeesarevoluntary,and you may not be discriminated against for your decision or your refusal to join or financially support a labor organization.
You may authorize your employer to deduct union dues or fees from your salary in the amount specified in accordance with the labor organization's bylaws.
You may revoke this authorization at any time." (3)Allauthorizationsshallbesubmittedtotheemployerandcontainthe employee's full name and signature.
Before starting any deductions, the employershallconfirmtheauthorization byemailingtheemployeeathisemail address.
If theemployeedoes not possess an employer-provided email address, then the employer may use other means it deems appropriate to confirm the authorization.
The labor organization or union shall be responsible for all demonstrative administrative costs shown to have been incurred from the collection of its dues or fees or from an employee's election to discontinue the Page 2 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
312 ENROLLED withholding of any dues or fees.
Section 2.
R.S.
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42:457 is hereby amended and reenacted to read as follows:
§457.
Union dues A.
Any state, parish, or city employee may authorize his employing department, board, or agencyto withhold from his salarya specific amount for such payperiods as maybe designated, for payment of his dues to anylabor organization to which he belongs and which he designates therein.
In such cases, the employee must shall voluntarily execute and furnish to the employing department, board, or agency a written and specific authorization for such deductions;
however, the employingauthoritymayelectwhetherornottomakesuchdeductions.Anyamount withheld in accordance with the provisions of this Section shall be remitted on a regularly scheduled basis as prescribed by rules promulgated by the Division of Administration division of administration and administered by the state payroll office to the organization designated.
B.(1) Upon the submission of an electronic request to the employer, the employee shall have the right to immediately cease any withholding of dues or fees from his wages.
Upon receipt of a request from the employee to cease the withholding, the employer shall immediately provide electronic notification to the labor organization or union of the employee's decision.
If the employer receives the employee's request to cease withholding after payroll for the current pay period has been submitted or processed, the cessation of withholding shall take effect as soon as practicable, but no later than the employee's next paycheck.
(2)Upon receiptof thenotification providedforin Paragraph(1)of this Subsection, the employer shall cease any withholding of dues or fees from the employee's wages, and the employee shall not accrue any further debt to the labor organization or union.
The employee's right to immediately discontinue any financial obligation to the labor organization or union shall not be waived.
(3) This Subsection shall apply prospectively to any new collective bargaining agreement or contract that is entered into or any existing collective Page 3 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
312 ENROLLED bargainingagreementthatismodified,extended,orotherwiseaffectedbyanew or modified memorandum of understanding.
C.(1) The labor organization or union in which the employee has membership shall notify the employee of his right to cease payment of member organization dues or fees, and shall provide electronic notification, at least annually,totheemployeetoinformhimthatheisallowedtowithdrawfromthe organization.Thelabororganizationorunionshallhavetheburdenofproofto establish that it has met this requirement.
(2) All withholding authorizations shall be on a form prescribed by the attorneygeneral containing thefollowing statement in fourteen-point boldface font:
"The state of Louisiana wishes to inform you that you have a First Amendment right to join or refrain from joining and paying dues or fees to a labororganization.Membershipandpaymentofduesorfeesarevoluntary,and you may not be discriminated against for your decision or your refusal to join or financially support a labor organization.
You may authorize your employer to deduct labor organization dues or fees from your salary in the amount specified in accordance with the labor organization's bylaws.
You may revoke this authorization at any time." (3)(a)All authorizations shall besubmittedto the employerand contain the employee's full name, position, employee organization, and signature.
(b) The employer shall not deduct any portion of an employee's salary forpurposesofpaymentoflabororganizationorunionduesorfeeswithoutthe employee's authorization.
If the employee does not possess an employer- provided email address, then the employer may use other means it deems appropriate to confirm the authorization.
(c) The labor organization or union shall be responsible for all demonstrative administrative costs shown to have been incurred from the collection of its dues or fees or from an employee's election to discontinue the withholding of any dues or fees.
Page 4 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
312 ENROLLED D.(1) After receiving notice by the United States Department of Labor that the employer's protective arrangement covering mass transit employees doesnotmeettherequirementsprovidedforin49U.S.C.5333(b),whichwould jeopardize the employer's continued eligibility to receive Federal Transit Administration funding, an employer may petition the secretary of Louisiana Works towaivecompliance with therequirementsprovided forin this Section.
(2)Totheextentnecessary,thesecretaryofLouisianaWorksmaywaive anyoftherequirementsprovidedforin this Sectionforalabor organization or unionservingasexclusiverepresentativeofmasstransitemployeesinorderfor anemployertocomplywiththerequirementsprovidedforin49U.S.C.5333(b).
E.
The provisions of this Section shall not apply to law enforcement, mass transit employees, and firefighters.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 5 of 5 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.