1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
---|
2 | 2 | | *LGL013* 11/20/2024 8:12:53 AM LGL013 |
---|
3 | 3 | | State of Arkansas 1 |
---|
4 | 4 | | 95th General Assembly A Bill 2 |
---|
5 | 5 | | Regular Session, 2025 HOUSE BILL 1024 3 |
---|
6 | 6 | | 4 |
---|
7 | 7 | | By: Representative A. Collins 5 |
---|
8 | 8 | | 6 |
---|
9 | 9 | | 7 |
---|
10 | 10 | | For An Act To Be Entitled 8 |
---|
11 | 11 | | AN ACT TO AMEND THE LAW CONCERNING PUBLIC EMPLOYEES; 9 |
---|
12 | 12 | | TO REPEAL THE LAW PROHIBITING COLLECTIVE BARGAINING; 10 |
---|
13 | 13 | | AND FOR OTHER PURPOSES. 11 |
---|
14 | 14 | | 12 |
---|
15 | 15 | | 13 |
---|
16 | 16 | | Subtitle 14 |
---|
17 | 17 | | TO AMEND THE LAW CONCERNING PUBLIC 15 |
---|
18 | 18 | | EMPLOYEES; AND TO REPEAL THE LAW 16 |
---|
19 | 19 | | PROHIBITING COLLECTIVE BARGAINING. 17 |
---|
20 | 20 | | 18 |
---|
21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
---|
22 | 22 | | 20 |
---|
23 | 23 | | SECTION 1. Arkansas Code § 11 -4-205 is amended to read as follows: 21 |
---|
24 | 24 | | 11-4-205. Right of collective bargaining not affected. 22 |
---|
25 | 25 | | (a) Except as provided in subsection (b) of this section, nothing 23 |
---|
26 | 26 | | Nothing in this subchapter, including the provisions of § 11 -4-218(b), shall 24 |
---|
27 | 27 | | be deemed to interfere with, impede, or in any way diminish the right of 25 |
---|
28 | 28 | | employers and employees to bargain collectively through representatives of 26 |
---|
29 | 29 | | their own choosing in order to establish wages or other conditions of work. 27 |
---|
30 | 30 | | (b) Collective bargaining by public employees is prohibited under § 28 |
---|
31 | 31 | | 21-1-801 et seq. 29 |
---|
32 | 32 | | 30 |
---|
33 | 33 | | SECTION 2. Arkansas Code Title 21, Chapter 1, Subchapter 8, is 31 |
---|
34 | 34 | | repealed. 32 |
---|
35 | 35 | | Subchapter 8 - Collective Bargaining 33 |
---|
36 | 36 | | 34 |
---|
37 | 37 | | 21-1-801. Definitions. 35 |
---|
38 | 38 | | As used in this subchapter: 36 HB1024 |
---|
39 | 39 | | |
---|
40 | 40 | | 2 11/20/2024 8:12:53 AM |
---|
41 | 41 | | (1)(A) “Public employee” means a person who performs a full -time 1 |
---|
42 | 42 | | or part-time service for wages, salary, or other remuneration for a public 2 |
---|
43 | 43 | | employer. 3 |
---|
44 | 44 | | (B) “Public employee” includes without limitation a state 4 |
---|
45 | 45 | | employee under § 21-1-610. 5 |
---|
46 | 46 | | (C) “Public employee” does not include a: 6 |
---|
47 | 47 | | (i) Public safety officer, including without 7 |
---|
48 | 48 | | limitation a: 8 |
---|
49 | 49 | | (a) Law enforcement officer; and 9 |
---|
50 | 50 | | (b) Firefighter; and 10 |
---|
51 | 51 | | (ii) Public transit system employee whose public 11 |
---|
52 | 52 | | employer is a recipient of a federal grant administered by the Federal 12 |
---|
53 | 53 | | Transit Administration; 13 |
---|
54 | 54 | | (2) “Public employer” means: 14 |
---|
55 | 55 | | (A) An agency, department, board, commission, division, 15 |
---|
56 | 56 | | office, bureau, council, authority, or other instrumentality of the state, 16 |
---|
57 | 57 | | including the offices of the various Arkansas elected constitutional officers 17 |
---|
58 | 58 | | and the General Assembly and its agencies, bureaus, and divisions; 18 |
---|
59 | 59 | | (B) A state-supported college, university, technical 19 |
---|
60 | 60 | | college, community college, or other institution of higher education or a 20 |
---|
61 | 61 | | department, division, or agency of a state institution of higher education; 21 |
---|
62 | 62 | | (C) The Supreme Court, the Court of Appeals, the 22 |
---|
63 | 63 | | Administrative Office of the Courts, the circuit courts, and prosecuting 23 |
---|
64 | 64 | | attorneys' offices; and 24 |
---|
65 | 65 | | (D) A public school district, school, or an office or 25 |
---|
66 | 66 | | department of a public school district in Arkansas; and 26 |
---|
67 | 67 | | (3) “Strike” means a refusal to work organized by two (2) or 27 |
---|
68 | 68 | | more public employees as a form of protest in an attempt to gain a concession 28 |
---|
69 | 69 | | or concessions from a public employer. 29 |
---|
70 | 70 | | 30 |
---|
71 | 71 | | 21-1-802. Collective bargaining prohibited. 31 |
---|
72 | 72 | | (a) A public employer shall not recognize a labor union or other 32 |
---|
73 | 73 | | public employee association as a bargaining agent of public employees. 33 |
---|
74 | 74 | | (b) A public employer shall not collectively bargain or enter into any 34 |
---|
75 | 75 | | collective bargaining contract with a labor union or other public employee 35 |
---|
76 | 76 | | association or its agents with respect to any matter relating to public 36 HB1024 |
---|
77 | 77 | | |
---|
78 | 78 | | 3 11/20/2024 8:12:53 AM |
---|
79 | 79 | | employees, public employees' employment with a public employer, or public 1 |
---|
80 | 80 | | employees' tenure with a public employer. 2 |
---|
81 | 81 | | 3 |
---|
82 | 82 | | 21-1-803. Prohibited activities. 4 |
---|
83 | 83 | | (a) A public employee willfully refuses to perform the duties of his 5 |
---|
84 | 84 | | or her employment with a public employer when, acting in concert with one (1) 6 |
---|
85 | 85 | | or more public employees, he or she: 7 |
---|
86 | 86 | | (1) Strikes or walks away from the duties of his or her 8 |
---|
87 | 87 | | employment with the public employer; 9 |
---|
88 | 88 | | (2) Physically obstructs the activity or operation of the public 10 |
---|
89 | 89 | | employer; or 11 |
---|
90 | 90 | | (3) Physically impedes the operations of a public employer. 12 |
---|
91 | 91 | | (b) A public employee who violates subsection (a) of this section 13 |
---|
92 | 92 | | shall be terminated by the public employer. 14 |
---|
93 | 93 | | (c) A public employee terminated under subsection (b) of this section 15 |
---|
94 | 94 | | is ineligible for employment with a public employer in any position or 16 |
---|
95 | 95 | | capacity for twelve (12) months after being terminated for willfully refusing 17 |
---|
96 | 96 | | to perform the duties of his or her employment with a public employer. 18 |
---|
97 | 97 | | (d) A public employer shall include in the public employer's personnel 19 |
---|
98 | 98 | | manual a statement that willfully refusing to perform the duties of his or 20 |
---|
99 | 99 | | her employment with a public employer constitutes grounds for dismissal. 21 |
---|
100 | 100 | | 22 |
---|
101 | 101 | | 21-1-804. Public employee associations. 23 |
---|
102 | 102 | | Public employees may form associations for the purpose of promoting the 24 |
---|
103 | 103 | | public employees' interests before a public employer. 25 |
---|
104 | 104 | | 26 |
---|
105 | 105 | | 27 |
---|
106 | 106 | | 28 |
---|
107 | 107 | | 29 |
---|
108 | 108 | | 30 |
---|
109 | 109 | | 31 |
---|
110 | 110 | | 32 |
---|
111 | 111 | | 33 |
---|
112 | 112 | | 34 |
---|
113 | 113 | | 35 |
---|
114 | 114 | | 36 |
---|