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AN ACT relating to employment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 336.130 is amended to read as follows: 3
(1) Employees may, free from restraint or coercion by the employers or their agents, 4
associate collectively for self-organization and designate collectively 5
representatives of their own choosing to negotiate the terms and conditions of their 6
employment to effectively promote their own rights and general welfare. 7
Employees, collectively and individually, may strike, engage in peaceful picketing, 8
and assemble collectively for peaceful purposes[, except that no public employee, 9
collectively or individually, may engage in a strike or a work stoppage. Nothing in 10
this statute and KRS 65.015, 67A.6904, 67C.406, 70.262, 78.470, 78.480, 336.132, 11
336.134, 336.180, 336.990, and 345.050 shall be construed as altering, amending, 12
granting, or removing the rights of public employees to associate collectively for 13
self-organization and designate collectively representatives of their own choosing to 14
negotiate the terms and conditions of their employment to effectively promote their 15
own rights and general welfare]. 16
(2) Neither employers or their agents nor employees or associations, organizations or 17
groups of employees shall engage or be permitted to engage in unfair or illegal acts 18
or practices or resort to violence, intimidation, threats or coercion. 19
(3) [(a) Notwithstanding subsection (1) of this section or any provision of the 20
Kentucky Revised Statutes to the contrary, no employee shall be required, as a 21
condition of employment or continuation of employment, to: 22
1. Become or remain a member of a labor organization; 23
2. Pay any dues, fees, assessments, or other similar charges of any kind or 24
amount to a labor organization; or 25
3. Pay to any charity or other third party, in lieu of these payments, any 26
amount equivalent to or pro rata portion of dues, fees, assessments, or 27 UNOFFICIAL COPY 23 RS BR 1642
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other charges required of a labor organization. 1
(b) As used in this subsection, the term "employee" means any person employed 2
by or suffered or permitted to work for a public or private employer. 3
(4) The secretary of the Education and Labor Cabinet or his or her representative shall 4
investigate complaints of violations or threatened violations of subsection (3) of this 5
section and may initiate enforcement of a criminal penalty by causing a complaint 6
to be filed with the appropriate local prosecutor and ensure effective enforcement. 7
(5) ]Except in instances where violence, personal injury, or damage to property have 8
occurred and such occurrence is supported by an affidavit setting forth the facts and 9
circumstances surrounding such incidents, the employees and their agents shall not 10
be restrained or enjoined from exercising the rights granted them in subsection (1) 11
of this section without a hearing first being held, unless the employees or their 12
agents are engaged in a strike in violation of a "no strike" clause in their labor 13
contract. 14
(4)[(6)] Submission of a false affidavit concerning violence, personal injury, or 15
damage to property shall constitute a violation of KRS 523.030. In the absence of 16
any such affidavit alleging violence, personal injury, or damage injunctions shall be 17
issued only by a Circuit Judge or other justice or judge acting as a Circuit Judge 18
pursuant to law. 19
Section 2. KRS 336.180 is amended to read as follows: 20
As used in KRS 336.190 and 336.200[this chapter], unless the context requires 21
otherwise,[: 22
(1) ] the term "labor organization" means any organization of any kind, or any agency 23
or employee representation committee or plan, in which employees participate 24
and[, association or union] which exists for the purpose, in whole or in part, of 25
dealing with employers concerning grievances, labor disputes, wages, rates of pay, 26
hours of employment or conditions of work[, or other forms of compensation; 27 UNOFFICIAL COPY 23 RS BR 1642
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(2) The term "employer" means all persons, firms, associations, corporations, public 1
employers, public school employers, and public colleges, universities, institutions, 2
and education agencies; and 3
(3) The term "public employee" means an employee of a "public agency" as that term 4
is defined in KRS 61.870(1)]. 5
Section 3. KRS 336.990 is amended to read as follows: 6
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 7
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 8
person shall forfeit his or her office. 9
(2) The following civil penalties shall be imposed, in accordance with the provisions in 10
KRS 336.985, for violations of the provisions of this chapter: 11
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 12
assessed a civil penalty of not less than one hundred dollars ($100) nor more 13
than one thousand dollars ($1,000); 14
(b) Any corporation, association, organization, or person that violates KRS 15
336.190 and 336.200 shall be assessed a civil penalty of not less than one 16
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 17
offense. Each act of violation, and each day during which such an agreement 18
remains in effect, shall constitute a separate offense; 19
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 20
civil penalty of not less than one hundred dollars ($100) nor more than one 21
thousand dollars ($1,000) for each violation; and 22
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 23
penalty of not less than one hundred dollars ($100) nor more than one 24
thousand dollars ($1,000) for each offense. 25
[(3) Any labor organization, employer, or other person who directly or indirectly 26
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 27 UNOFFICIAL COPY 23 RS BR 1642
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(4) Any person aggrieved as a result of any violation or threatened violation of KRS 1
336.130(3) may seek abatement of the violation or threatened violation by 2
petitioning a court of competent jurisdiction for injunctive relief and shall be 3
entitled to costs and reasonable attorney fees if he or she prevails in the action. 4
(5) Any person injured as a result of any violation or threatened violation of KRS 5
336.130(3) may recover all damages resulting from the violation or threatened 6
violation and shall be entitled to costs and reasonable attorney fees if he or she 7
prevails in the action.] 8
Section 4. KRS 67A.6904 is amended to read as follows: 9
(1) [Except as provided in KRS 336.130, ]Urban-county governments and their 10
representatives and agents are prohibited from: 11
(a) Interfering, restraining, or coercing police officers, firefighter personnel, 12
firefighters, or corrections personnel in the exercise of the rights guaranteed in 13
KRS 67A.6902; 14
(b) Dominating or interfering with the formation, existence, or administration of 15
any labor organization; 16
(c) Discriminating in regard to hiring or tenure of employment or any term or 17
condition of employment to encourage or discourage membership in any labor 18
organization; provided that nothing in this section, or in any other statute of 19
this state, shall preclude an urban-county government from making an 20
agreement with a labor organization to require as a condition of 21
employment membership therein on or after the thirtieth day following the 22
beginning of that employment or on the effective date of the agreement, 23
whichever is later; 24
(d) Discharging or otherwise discriminating against an employee because he or 25
she has signed or filed any affidavit, petition, or complaint or given any 26
information or testimony under this section; or 27 UNOFFICIAL COPY 23 RS BR 1642
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(e) Refusing to bargain collectively in good faith with a labor organization which 1
is the exclusive representative of employees in an appropriate unit, including 2
but not limited to the discussing of grievances with the exclusive 3
representative. 4
(2) Labor organizations and their agents are prohibited from: 5
(a) Restraining or coercing: 6
1. Police officers, firefighter personnel, firefighters, or corrections 7
personnel in the exercise of the right guaranteed in KRS 67A.6902; and 8
2. An urban-county government in the selection of a representative for the 9
purposes of collective bargaining or the adjustment of grievances; or 10
(b) Refusing to bargain collectively in good faith with an urban-county 11
government, if they have been designated in accordance with the provisions of 12
this section as the exclusive representative of police officers, firefighter 13
personnel, firefighters, or corrections personnel in an appropriate unit. 14
(3) For the purposes of this section, to bargain collectively is to carry out in good faith 15
the mutual obligation of the parties, or their representatives; to meet together at 16
reasonable times, including meetings in advance of the budget-making process; to 17
negotiate in good faith with respect to wages, hours, and other conditions of 18
employment; to negotiate an agreement; to negotiate any question arising under any 19
agreement; and to execute a written contract incorporating any agreement reached, 20
if requested by either party. The obligation shall not be interpreted to compel either 21
party to agree to a proposal, or require either party to make a concession. 22
Section 5. KRS 67C.406 is amended to read as follows: 23
(1) [Except as provided in KRS 336.130(3), ]Consolidated local governments, their 24
representatives, or their agents are prohibited from: 25
(a) Interfering, restraining, or coercing police officers in the exercise of the rights 26
guaranteed in KRS 67C.402; 27 UNOFFICIAL COPY 23 RS BR 1642
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(b) Dominating or interfering with the formation, existence, or administration of 1
any labor organization; 2
(c) Discriminating in regard to hiring or tenure of employment or any term or 3
condition of employment to encourage or discourage membership in any labor 4
organization; provided that nothing in this section, or in any other statute of 5
this state, shall preclude a consolidated local government from making an 6
agreement with a labor organization to require as a condition of 7
employment membership therein on or after the thirtieth day following the 8
beginning of that employment or on the effective date of the agreement, 9
whichever is later; 10
(d) Discharging or otherwise discriminating against an employee because he or 11
she has signed or filed any affidavit, petition, or complaint or given any 12
information or testimony under this section; or 13
(e) Refusing to bargain collectively in good faith with a labor organization which 14
is the exclusive representative of employees in an appropriate unit, including 15
but not limited to the discussing of grievances with the exclusive 16
representative. 17
(2) Labor organizations or their agents are prohibited from: 18
(a) Restraining or coercing: 19
1. Police officers in the exercise of the right guaranteed in KRS 67C.402; 20
and 21
2. A consolidated local government in the selection of a representative for 22
the purposes of collective bargaining or the adjustment of grievances; or 23
(b) Refusing to bargain collectively in good faith with a consolidated local 24
government, if they have been designated in accordance with the provisions of 25
this section as the exclusive representative of police officers in an appropriate 26
unit. 27 UNOFFICIAL COPY 23 RS BR 1642
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(3) For the purposes of this section, to bargain collectively is to carry out in good faith 1
the mutual obligation of the parties, or their representatives; to meet together at 2
reasonable times, including meetings in advance of the budget-making process; to 3
negotiate in good faith with respect to wages, hours, and other conditions of 4
employment; to negotiate an agreement; to negotiate any question arising under any 5
agreement; and to execute a written contract incorporating any agreement reached, 6
if requested by either party. The obligation shall not be interpreted to compel either 7
party to agree to a proposal, or require either party to make a concession. 8
Section 6. KRS 70.262 is amended to read as follows: 9
(1) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 10
government or city of the first class that has adopted a merit system under KRS 11
70.260 to 70.273, deputies subject to the merit system may organize, form, join, or 12
participate in organizations in order to engage in lawful concerted activities for the 13
purpose of collective bargaining or other mutual aid and protection, and to bargain 14
collectively through a representative of their own free choice. Deputies shall also 15
have the right to refrain from any or all of these activities but shall be subject to the 16
lawful provisions of any collective bargaining agreement entered into under this 17
section. Strikes by deputies of any collective bargaining unit shall be prohibited at 18
any time. 19
(2) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 20
government or city of the first class that has adopted a merit system under KRS 21
70.260 to 70.273, the sheriff shall contract with a representative of the deputies 22
described in subsection (1) of this section employed by the sheriff where the 23
representative has established representation of a majority of the deputies, with 24
respect to wages, hours, and terms and conditions of employment, including 25
execution of a written contract incorporating any agreement reached between the 26
sheriff and the representative. The sheriff shall not be required to bargain over 27 UNOFFICIAL COPY 23 RS BR 1642
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matters of inherent managerial policy. 1
Section 7. KRS 78.470 is amended to read as follows: 2
[Except as provided in KRS 336.130, ]In any county in the Commonwealth of Kentucky, 3
which has a population of 300,000 or more and which has adopted the merit system, the 4
county employees in the classified service as police may organize, form, join or 5
participate in organizations in order to engage in lawful concerted activities for the 6
purpose of collective bargaining or other mutual aid and protection, and to bargain 7
collectively through representatives of their own free choice. Such employees shall also 8
have the right to refrain from any or all such activities. Strikes by said members of any 9
such collective bargaining unit shall be prohibited at any time. 10
Section 8. KRS 78.480 is amended to read as follows: 11
[Except as provided in KRS 336.130, ]In any county in the Commonwealth of Kentucky 12
which has a population of 300,000 or more and which has adopted the merit system for 13
its police force, the fiscal court may contract with representatives of the police employed 14
by said county with respect to wages, hours, terms and conditions of employment, 15
including execution of a written contract incorporating any agreement reached between 16
the fiscal court and representatives of the police. The fiscal court shall not be required to 17
bargain over matters of inherent managerial policy. 18
Section 9. KRS 345.050 is amended to read as follows: 19
(1) [Except as provided in KRS 336.130, ]Public employers, their representatives or 20
their agents are prohibited from: 21
(a) Interfering, restraining or coercing firefighters in the exercise of the rights 22
guaranteed in KRS 345.030; 23
(b) Dominating or interfering with the formation, existence or administration of 24
any labor organization; 25
(c) Discriminating in regard to hiring or tenure of employment or any term or 26
condition of employment to encourage or discourage membership in any labor 27 UNOFFICIAL COPY 23 RS BR 1642
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organization; provided that nothing in this chapter, or in any other statute of 1
this state, shall preclude a public employer from making an agreement with 2
a labor organization to require as a condition of employment membership 3
therein on or after the thirtieth day following the beginning of such 4
employment or on the effective date of the agreement, whichever is later; 5
(d) Discharging or otherwise discriminating against an employee because he or 6
she has signed or filed any affidavit, petition or complaint or given any 7
information or testimony under this chapter; or 8
(e) Refusing to bargain collectively in good faith with a labor organization which 9
is the exclusive representative of employees in an appropriate unit, including 10
but not limited to the discussing of grievances with the exclusive 11
representative. 12
(2) Labor organizations or their agents are prohibited from: 13
(a) Restraining or coercing: 14
1. Firefighters in the exercise of the right guaranteed in subsection (1) of 15
KRS 345.030, and 16
2. A public employer in the selection of his or her representative for the 17
purposes of collective bargaining or the adjustment of grievances; and 18
(b) Refusing to bargain collectively in good faith with a public employer, if they 19
have been designated in accordance with the provisions of this chapter as the 20
exclusive representative of firefighters in an appropriate unit. 21
(3) For the purposes of this chapter, to bargain collectively is to carry out in good faith 22
the mutual obligation of the parties, or their representatives; to meet together at 23
reasonable times, including meetings in advance of the budget-making process; to 24
negotiate in good faith with respect to wages, hours and other conditions of 25
employment; to negotiate an agreement; to negotiate any question arising under any 26
agreement; and to execute a written contract incorporating any agreement reached, 27 UNOFFICIAL COPY 23 RS BR 1642
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if requested by either party. The obligation shall not be interpreted to compel either 1
party to agree to a proposal, or require either party to make a concession. 2
Section 10. The following KRS sections are repealed: 3
65.016 Prohibition against requiring any employer to pay employee a certain wage or 4
fringe benefit. 5
336.132 Labor agreement in violation of KRS 336.130 is unlawful and void -- 6
Exceptions. 7
336.134 Public employee must give prior written consent for deduction of membership 8
dues by public employer or public employee labor organization. 9