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Introduced Version House Bill 2537 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2537


(By Delegates Overington, Evans
and Carmichael)
[Introduced February 26, 2001; referred to the
Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.]



A BILL to amend chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve, relating to requiring labor organizations to establish separate funds for political purposes; establishing registration and disclosure requirements for the fund; establishing certain criminal provisions and penalties governing a labor organization's political activities; and prohibiting employees from authorizing automatic payroll deductions for contributions to a labor organization's political committee or fund except through an explicit, signed statement.

Be it enacted by the Legislature of West Virginia:
That chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twelve, to read as follows:
ARTICLE 12. WORKERS' POLITICAL BILL OF RIGHTS.
§3-12-1. Short title.
This article shall be known as the "Workers' Political Bill of Rights."
§3-12-2. Legislative declarations.
This Legislature finds and declares that:
(a) Some unions spend nearly ninety percent of total dues income on political activities;
(b) The supreme court's decision in Communications Workers of America v. Beck, 487 U.S. 735, 108 S. Ct. 2641 (1988) decision held that unions cannot use fees collected from nonunion employees if the employee objects to activities fees used for other than collective bargaining;
However, few union members are aware of this right, and formal procedures for receiving refunds are not in place; and
(c) Unions should be prevented from collecting funds for political purposes unless members expressly give employers permission to deduct fees from their wages.
§3-12-3. Definitions.
The following terms have the following definitions:
(a) "Fund" means the separate segregated fund established by a labor organization for political purposes according to the procedures and requirements of this article; and
(b) "Labor organization" means any association or organization of employees, and any agency, employee representation committee, or plan in which employees participate, that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. "Labor organization" includes employee associations and unions for public employees, including both the national education association and American federation of teachers, and each local education association or affiliate of a national education association.
§3-12-4. Limits on labor organization contributions.
(a) Except as provided in subsection (b) of this section, a labor organization may not expend money for lobbying, electoral and political activities not bearing upon the ratification or implementation of a collective bargaining agreement. This includes, but is not limited to, independent expenditures or contributions to any candidate, political party, voter registration campaign or any other political cause.
(b) A labor organization may only expend money for lobbying, electoral and political activities not bearing upon the ratification or implementation of a collective bargaining agreement if the labor organization establishes a separate segregated fund to be used for political purposes. The labor organization shall ensure that:
(1) Contributions to the fund are solicited independently from any other solicitations by the labor organization;
(2) Dues or other fees for membership in the labor organization are not used for political purposes, transferred to the segregated fund, or intermingled in any way with fund moneys; and
(3) The cost of administering the fund is paid from fund contributions and not from dues or other fees for membership in the labor organization.
§3-12-5. Criminal acts -- penalties.
(a) It is unlawful for a labor organization to make a contribution by using money or anything of value:
(1) Secured by physical force, job discrimination, membership discrimination or financial reprisals, or threat of force, job discrimination, membership discriminations or financial reprisals; or
(2) From dues, fees or other moneys required as a condition of membership in a labor organization or as a condition of employment; or
(3) Obtained in any commercial transaction.
(b) At the time the labor organization is soliciting money for the fund from an employee, it is unlawful for a labor organization to fail to:
(1) Inform an employee of the fund's political purpose; and
(2) Inform an employee of the employee's right to refuse to contribute without fear of reprisal.
(c) It is unlawful for a labor organization to solicit moneys for the fund from any person other than its members and their immediate families.
(d) It is unlawful for a labor organization to pay a member for a contribution to the fund by providing a bonus, expense account, rebate of dues or other membership fees, or any other form of direct or indirect compensation.
Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than five thousand dollars.
§3-12-6. Registration -- disclosure.
Each fund established by a labor organization under this part shall:
(a) Register as a political action committee as required by law; and
(b) File the financial reports for political action committees required by law.
§3-12-7. Assignments to labor unions -- effect.
(a) Except as provided in subsection (d)of this section, an employee of any person, firm, school district or private or municipal corporation within the state may sign and deliver to his or her employer a written instrument directing the employer to:
(1) Deduct a specified sum from his or her monthly wages; and
(2) Pay the deduction to a labor organization or union or any other organization of employees as assignee.
(b) An employer who receives a written instrument assigning a specified sum from the employee's wages shall:
(1) Keep the instrument on file;
(2) Deduct the specified sum from the employee's salary; and
(3) Pay the deducted amount to the organization or union designated by the employee.
(c) The employer shall continue to make and pay the deduction as directed by the employee until the employee revokes or modifies the deduction in writing.
(d) Notwithstanding subsection (a) of this section, an employee may not direct an employer to deduct moneys from his or her wages and pay them to:
(1) A registered political action committee;
(2) A fund defined by section three; or
(3) Any intermediary that contributes to a regional political committee or fund as defined by section three.
(e) Nothing in this section prohibits an individual from making personal contributions to a registered political action committee or to a fund as defined by section one.


NOTE: The purpose of this bill is to require labor organizations to establish separate funds for political purposes; to establish registration and disclosure requirements for the fund; to establish certain criminal provisions and penalties governing a labor organization's political activities; and to prohibit employees from authorizing automatic payroll deductions for contributions to a labor organization's political committee or fund except through an explicit, signed statement.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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