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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 25 RS BR 101
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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 to them in subsection 11
(1) 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 17
be 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 otherwise, 21
[: 22
(1) "Candidate" means any person who has received contributions or made 23
expenditures, has appointed a campaign treasurer, or has given his or her consent 24
for any other person to receive contributions or make expenditures with a view to 25
bringing about his or her nomination or election to public office, except federal 26
office; 27 UNOFFICIAL COPY 25 RS BR 101
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(2) "Committee" includes the following: 1
(a) "Campaign committee," which means one (1) or more persons who receive 2
contributions and make expenditures to support or oppose one (1) or more specific 3
candidates or slates of candidates for nomination or election to any state, county, 4
city, or district office, but does not include an entity established solely by a 5
candidate which is managed solely by a candidate and a campaign treasurer and 6
whose name is generic in nature, such as "Friends of (the candidate)," and does not 7
reflect that other persons have structured themselves as a committee, designated 8
officers of the committee, and assigned responsibilities and duties to each officer 9
with the purpose of managing a campaign to support or oppose a candidate in an 10
election; 11
(b) "Caucus campaign committee," which means members of any caucus groups who 12
receive contributions and make expenditures to support or oppose one (1) or more 13
specific candidates or slates of candidates for nomination or election to any state, 14
county, city, or district office, or a committee in Kentucky or in any other state. 15
Caucus campaign committees include but are not limited to: 16
1. The House Democratic caucus campaign committee; 17
2. The House Republican caucus campaign committee; 18
3. The Senate Democratic caucus campaign committee; 19
4. The Senate Republican caucus campaign committee; and 20
5. Subdivisions of the state executive committee of a minor political party, which 21
serve the same function as the above-named committees, as determined by 22
administrative regulations promulgated by the Kentucky Registry of Election 23
Finance; 24
(c) "Political issues committee," which means three (3) or more persons joining 25
together to advocate or oppose a constitutional amendment or ballot measure if that 26
committee receives or expends money in excess of one thousand dollars ($1,000); 27 UNOFFICIAL COPY 25 RS BR 101
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(d) "Permanent committee," which means a group of individuals, including an 1
association, committee, or organization, other than a campaign committee, political 2
issues committee, inaugural committee, caucus campaign committee, or a party 3
executive committee, which is established as, or intended to be, a permanent 4
organization having as a primary purpose expressly advocating the election or 5
defeat of one (1) or more clearly identified candidates, slates of candidates, or 6
political parties, which functions on a regular basis throughout the year; 7
(e) An executive committee of a political party; and 8
(f) "Inaugural committee," which means one (1) or more persons who receive 9
contributions and make expenditures in support of inauguration activities for any 10
candidate or slate of candidates elected to any state, county, city, or district office; 11
(3) "Contributing organization" means a group which merely contributes to candidates, 12
slates of candidates, campaign committees, caucus campaign committees, or 13
executive committees from time to time from funds derived solely from within the 14
group, and which does not solicit or receive funds from sources outside the group 15
itself; 16
(4) "Contribution" means any: 17
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, to a 18
candidate, his or her agent, a slate of candidates, its authorized agent, a committee, 19
or contributing organization but shall not include a loan of money by any financial 20
institution doing business in Kentucky made in accordance with applicable banking 21
laws and regulations and in the ordinary course of business. As used in this 22
subsection, "loan" shall include a guarantee, endorsement, or other form of security 23
where the risk of nonpayment rests with the surety, guarantor, or endorser, as well 24
as with a committee, contributing organization, candidate, slate of candidates, or 25
other primary obligor. No person shall become liable as surety, endorser, or 26
guarantor for any sum in any one (1) election which, when combined with all other 27 UNOFFICIAL COPY 25 RS BR 101
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contributions the individual makes to a candidate, his or her agent, a slate of 1
candidates, its agent, a committee, or a contributing organization, exceeds the 2
contribution limits provided in KRS 121.150; 3
(b) Payment by any person other than the candidate, his or her authorized treasurer, a 4
slate of candidates, its authorized treasurer, a committee, or a contributing 5
organization, of compensation for the personal services of another person which are 6
rendered to a candidate, slate of candidates, committee, or contributing 7
organization, or for inauguration activities; 8
(c) Goods, advertising, or services with a value of more than one hundred dollars 9
($100) in the aggregate in any one (1) election which are furnished to a candidate, 10
slate of candidates, committee, or contributing organization or for inauguration 11
activities without charge, or at a rate which is less than the rate normally charged 12
for the goods or services; or 13
(d) Payment by any person other than a candidate, his or her authorized treasurer, a 14
slate of candidates, its authorized treasurer, a committee, or contributing 15
organization for any goods or services with a value of more than one hundred 16
dollars ($100) in the aggregate in any one (1) election which are utilized by a 17
candidate, slate of candidates, committee, or contributing organization, or for 18
inauguration activities; 19
(5) "Election" means any primary, regular, or special election. Each primary, regular, 20
or special election shall be considered a separate election; 21
(6) "Electioneering communications" means: 22
(a) Any communication broadcast by television or radio, printed in a newspaper or on a 23
billboard, directly mailed or delivered by hand to personal residences, or in 24
telephone calls made to personal residences, or otherwise distributed that: 25
1. Unambiguously refers to any candidate for any state, county, city, or district office, 26
or to any ballot measure; 27 UNOFFICIAL COPY 25 RS BR 101
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2. Is broadcast, printed, mailed, delivered, made, or distributed within thirty (30) days 1
before a primary election or sixty (60) days before a general election; and 2
3. Is broadcast to, printed in a newspaper, distributed to, mailed to or delivered by 3
hand to, in telephone calls made to, or otherwise distributed to an audience that 4
includes members of the electorate for such public office or the electorate 5
associated with the ballot containing the ballot measure. 6
(b) "Electioneering communications" does not include: 7
1. Any news articles, editorial endorsements, opinions or commentary, writings, or 8
letters to the editor printed in a newspaper, magazine, or other periodical not owned 9
by or controlled by a candidate, committee, or political party; 10
2. Any editorial endorsements or opinions aired by a broadcast facility not owned or 11
controlled by a candidate, committee, or political party; 12
3. Any communication by persons made in the regular course and scope of their 13
business or any communication made by a membership organization solely to 14
members of such an organization and their families; 15
4. Any communication that refers to any candidate only as part of the popular name of 16
a bill or statute; or 17
5. A communication that constitutes a contribution or independent expenditure as 18
defined in this section; 19
(7) "Employer" means all persons, firms, associations, corporations, public employers, 20
public school employers, and public colleges, universities, institutions, and 21
education agencies; 22
(8) "Fundraiser" means an individual who directly solicits and secures contributions on 23
behalf of a candidate or slate of candidates for a statewide-elected state office, or an 24
office in a jurisdiction with a population in excess of two hundred thousand 25
(200,000) residents; 26
(9) "Independent expenditure" means the expenditure of money or other things of value 27 UNOFFICIAL COPY 25 RS BR 101
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for a communication which expressly advocates the election or defeat of a clearly 1
identified candidate or slate of candidates, and which is made without any 2
coordination, consultation, or cooperation with any candidate, slate of candidates, 3
campaign committee, or any authorized person acting on behalf of any of them, and 4
which is not made in concert with, or at the request or suggestion of any candidate, 5
slate of candidates, campaign committee, or any authorized person acting on behalf 6
of any of them; 7
(10) ]"labor organization" means any organization of any kind, or any agency or 8
employee representation committee or plan, in which employees participate and[, 9
association or union] which exists for the purpose, in whole or in part, of dealing 10
with employers concerning grievances, labor disputes, wages, rates of pay, hours 11
of employment or conditions of work[, or other forms of compensation. Except, for 12
the purposes of this section or KRS 161.158, 164.365, 336.133, 336.134, 336.1341, 13
336.135, or 336.990, "labor organization" shall not include organizations which 14
primarily represent public employees working in the protective vocations of active 15
law enforcement officer, jail and corrections officer, or active fire suppression or 16
prevention personnel; 17
(11) "Political activities" means any contribution or independent expenditure made: 18
(a) To any committee; 19
(b) To any contributing organization; 20
(c) To any candidate; 21
(d) To any slate of candidates; 22
(e) To any fundraiser; 23
(f) For any electioneering communications; 24
(g) For any testimonial affair; 25
(h) In any manner intended to influence the outcome of any election; 26
(i) In any manner intended to otherwise promote or support the defeat of any: 27 UNOFFICIAL COPY 25 RS BR 101
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1. Candidate; 1
2. Slate of candidates; or 2
3. Ballot measure; or 3
(j) In any manner intended to advance any position held by any person or entity 4
other than the public employee regarding any: 5
1. Election; 6
2. Candidate; 7
3. Slate of candidates; or 8
4. Ballot measure; 9
(12) "Public employee" means an employee of a "public agency" as that term is defined 10
in KRS 61.870; 11
(13) "Slate of candidates" means: 12
(a) Between the time a certificate or petition of nomination has been filed for a 13
candidate for the office of Governor under KRS 118.365 and the time the 14
candidate designates a running mate for the office of Lieutenant Governor 15
under KRS 118.126, a slate of candidates consists of the candidate for the 16
office of Governor; and 17
(b) After that candidate has designated a running mate under KRS 118.126, that 18
same slate of candidates consists of that same candidate for the office of 19
Governor and the candidate's running mate for the office of Lieutenant 20
Governor. Unless the context requires otherwise, any provision of law that 21
applies to a candidate shall also apply to a slate of candidates; and 22
(14) "Testimonial affair" means an affair held in honor of a person who holds or who is 23
or was a candidate for nomination or election to a state, city, county, or district 24
political office designed to raise funds for the purpose of influencing the outcome 25
of an election, otherwise promoting support for, or the defeat of, any candidate, 26
slate of candidates, or ballot measure]. 27 UNOFFICIAL COPY 25 RS BR 101
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Section 3. KRS 336.990 is amended to read as follows: 1
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 2
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 3
person shall forfeit his or her office. 4
(2) The following civil penalties shall be imposed, in accordance with the provisions in 5
KRS 336.985, for violations of the provisions of this chapter: 6
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 7
assessed a civil penalty of not less than one hundred dollars ($100) nor more 8
than one thousand dollars ($1,000); 9
(b) Any corporation, association, organization, or person that violates KRS 10
336.190 and 336.200 shall be assessed a civil penalty of not less than one 11
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 12
offense. Each act of violation, and each day during which such an agreement 13
remains in effect, shall constitute a separate offense; 14
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 15
civil penalty of not less than one hundred dollars ($100) nor more than one 16
thousand dollars ($1,000) for each violation; and 17
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 18
penalty of not less than one hundred dollars ($100) nor more than one 19
thousand dollars ($1,000) for each offense. 20
[(e) Any public employer or labor organization that violates KRS 161.158, 21
164.365, 336.133, 336.134, 336.1341, 336.135, or 336.180 shall be assessed a 22
civil penalty of not less than one hundred dollars ($100) nor more than one 23
thousand dollars ($1,000) for each offense. 24
(3) Any labor organization, employer, or other person who directly or indirectly 25
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 26
(4) Any person aggrieved as a result of any violation or threatened violation of KRS 27 UNOFFICIAL COPY 25 RS BR 101
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336.130(3) may seek abatement of the violation or threatened violation by 1
petitioning a court of competent jurisdiction for injunctive relief and shall be 2
entitled to costs and reasonable attorney fees if he or she prevails in the action. 3
(5) Any person injured as a result of any violation or threatened violation of KRS 4
336.130(3) may recover all damages resulting from the violation or threatened 5
violation and shall be entitled to costs and reasonable attorney fees if he or she 6
prevails in the action.] 7
Section 4. KRS 67A.6904 is amended to read as follows: 8
(1) [Except as provided in KRS 336.130, ]Urban-county governments and their 9
representatives and agents are prohibited from: 10
(a) Interfering, restraining, or coercing police officers, firefighter personnel, 11
firefighters, or corrections personnel in the exercise of the rights guaranteed in 12
KRS 67A.6902; 13
(b) Dominating or interfering with the formation, existence, or administration of 14
any labor organization; 15
(c) Discriminating in regard to hiring or tenure of employment or any term or 16
condition of employment to encourage or discourage membership in any labor 17
organization; provided that nothing in this section, or in any other statute of 18
this state, shall preclude an urban-county government from making an 19
agreement with a labor organization to require as a condition of 20
employment membership therein on or after the thirtieth day following the 21
beginning of that employment or on the effective date of the agreement, 22
whichever is later; 23
(d) Discharging or otherwise discriminating against an employee because he or 24
she has signed or filed any affidavit, petition, or complaint or given any 25
information or testimony under this section; or 26
(e) Refusing to bargain collectively in good faith with a labor organization which 27 UNOFFICIAL COPY 25 RS BR 101
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is the exclusive representative of employees in an appropriate unit, including 1
but not limited to the discussing of grievances with the exclusive 2
representative. 3
(2) Labor organizations and their agents are prohibited from: 4
(a) Restraining or coercing: 5
1. Police officers, firefighter personnel, firefighters, or corrections 6
personnel in the exercise of the right guaranteed in KRS 67A.6902; and 7
2. An urban-county government in the selection of a representative for the 8
purposes of collective bargaining or the adjustment of grievances; or 9
(b) Refusing to bargain collectively in good faith with an urban-county 10
government, if they have been designated in accordance with the provisions of 11
this section as the exclusive representative of police officers, firefighter 12
personnel, firefighters, or corrections personnel in an appropriate unit. 13
(3) For the purposes of this section, to bargain collectively is to carry out in good faith 14
the mutual obligation of the parties, or their representatives; to meet together at 15
reasonable times, including meetings in advance of the budget-making process; to 16
negotiate in good faith with respect to wages, hours, and other conditions of 17
employment; to negotiate an agreement; to negotiate any question arising under any 18
agreement; and to execute a written contract incorporating any agreement reached, 19
if requested by either party. The obligation shall not be interpreted to compel either 20
party to agree to a proposal, or require either party to make a concession. 21
Section 5. KRS 67C.406 is amended to read as follows: 22
(1) [Except as provided in KRS 336.130(3), ]Consolidated local governments, their 23
representatives, or their agents are prohibited from: 24
(a) Interfering, restraining, or coercing police officers in the exercise of the rights 25
guaranteed in KRS 67C.402; 26
(b) Dominating or interfering with the formation, existence, or administration of 27 UNOFFICIAL COPY 25 RS BR 101
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any labor organization; 1
(c) Discriminating in regard to hiring or tenure of employment or any term or 2
condition of employment to encourage or discourage membership in any labor 3
organization; provided that nothing in this section, or in any other statute of 4
this state, shall preclude a consolidated local government from making an 5
agreement with a labor organization to require as a condition of 6
employment membership therein on or after the thirtieth day following the 7
beginning of that employment or on the effective date of the agreement, 8
whichever is later; 9
(d) Discharging or otherwise discriminating against an employee because he or 10
she has signed or filed any affidavit, petition, or complaint or given any 11
information or testimony under this section; or 12
(e) Refusing to bargain collectively in good faith with a labor organization which 13
is the exclusive representative of employees in an appropriate unit, including 14
but not limited to the discussing of grievances with the exclusive 15
representative. 16
(2) Labor organizations or their agents are prohibited from: 17
(a) Restraining or coercing: 18
1. Police officers in the exercise of the right guaranteed in KRS 67C.402; 19
and 20
2. A consolidated local government in the selection of a representative for 21
the purposes of collective bargaining or the adjustment of grievances; or 22
(b) Refusing to bargain collectively in good faith with a consolidated local 23
government, if they have been designated in accordance with the provisions of 24
this section as the exclusive representative of police officers in an appropriate 25
unit. 26
(3) For the purposes of this section, to bargain collectively is to carry out in good faith 27 UNOFFICIAL COPY 25 RS BR 101
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the mutual obligation of the parties, or their representatives; to meet together at 1
reasonable times, including meetings in advance of the budget-making process; to 2
negotiate in good faith with respect to wages, hours, and other conditions of 3
employment; to negotiate an agreement; to negotiate any question arising under any 4
agreement; and to execute a written contract incorporating any agreement reached, 5
if requested by either party. The obligation shall not be interpreted to compel either 6
party to agree to a proposal, or require either party to make a concession. 7
Section 6. KRS 70.262 is amended to read as follows: 8
(1) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 9
government or city of the first class that has adopted a merit system under KRS 10
70.260 to 70.273, deputies subject to the merit system may organize, form, join, or 11
participate in organizations in order to engage in lawful concerted activities for the 12
purpose of collective bargaining or other mutual aid and protection, and to bargain 13
collectively through a representative of their own free choice. Deputies shall also 14
have the right to refrain from any or all of these activities but shall be subject to the 15
lawful provisions of any collective bargaining agreement entered into under this 16
section. Strikes by deputies of any collective bargaining unit shall be prohibited at 17
any time. 18
(2) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 19
government or city of the first class that has adopted a merit system under KRS 20
70.260 to 70.273, the sheriff shall contract with a representative of the deputies 21
described in subsection (1) of this section employed by the sheriff where the 22
representative has established representation of a majority of the deputies, with 23
respect to wages, hours, and terms and conditions of employment, including 24
execution of a written contract incorporating any agreement reached between the 25
sheriff and the representative. The sheriff shall not be required to bargain over 26
matters of inherent managerial policy. 27 UNOFFICIAL COPY 25 RS BR 101
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Section 7. KRS 78.470 is amended to read as follows: 1
[Except as provided in KRS 336.130, ]In any county in the Commonwealth of Kentucky, 2
which has a population of 300,000 or more and which has adopted the merit system, the 3
county employees in the classified service as police may organize, form, join or 4
participate in organizations in order to engage in lawful concerted activities for the 5
purpose of collective bargaining or other mutual aid and protection, and to bargain 6
collectively through representatives of their own free choice. Such employees shall also 7
have the right to refrain from any or all such activities. Strikes by said members of any 8
such collective bargaining unit shall be prohibited at any time. 9
Section 8. KRS 78.480 is amended to read as follows: 10
[Except as provided in KRS 336.130, ]In any county in the Commonwealth of Kentucky 11
which has a population of 300,000 or more and which has adopted the merit system for 12
its police force, the fiscal court may contract with representatives of the police employed 13
by said county with respect to wages, hours, terms and conditions of employment, 14
including execution of a written contract incorporating any agreement reached between 15
the fiscal court and representatives of the police. The fiscal court shall not be required to 16
bargain over matters of inherent managerial policy. 17
Section 9. KRS 345.050 is amended to read as follows: 18
(1) [Except as provided in KRS 336.130, ]Public employers, their representatives or 19
their agents are prohibited from: 20
(a) Interfering, restraining or coercing firefighters in the exercise of the rights 21
guaranteed in KRS 345.030; 22
(b) Dominating or interfering with the formation, existence or administration of 23
any labor organization; 24
(c) Discriminating in regard to hiring or tenure of employment or any term or 25
condition of employment to encourage or discourage membership in any labor 26
organization; provided that nothing in this chapter, or in any other statute of 27 UNOFFICIAL COPY 25 RS BR 101
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this state, shall preclude a public employer from making an agreement with 1
a labor organization to require as a condition of employment membership 2
therein on or after the thirtieth day following the beginning of such 3
employment or on the effective date of the agreement, whichever is later; 4
(d) Discharging or otherwise discriminating against an employee because he or 5
she has signed or filed any affidavit, petition or complaint or given any 6
information or testimony under this chapter; or 7
(e) Refusing to bargain collectively in good faith with a labor organization which 8
is the exclusive representative of employees in an appropriate unit, including 9
but not limited to the discussing of grievances with the exclusive 10
representative. 11
(2) Labor organizations or their agents are prohibited from: 12
(a) Restraining or coercing: 13
1. Firefighters in the exercise of the right guaranteed in subsection (1) of 14
KRS 345.030, and 15
2. A public employer in the selection of his or her representative for the 16
purposes of collective bargaining or the adjustment of grievances; and 17
(b) Refusing to bargain collectively in good faith with a public employer, if they 18
have been designated in accordance with the provisions of this chapter as the 19
exclusive representative of firefighters in an appropriate unit. 20
(3) For the purposes of this chapter, to bargain collectively is to carry out in good faith 21
the mutual obligation of the parties, or their representatives; to meet together at 22
reasonable times, including meetings in advance of the budget-making process; to 23
negotiate in good faith with respect to wages, hours and other conditions of 24
employment; to negotiate an agreement; to negotiate any question arising under any 25
agreement; and to execute a written contract incorporating any agreement reached, 26
if requested by either party. The obligation shall not be interpreted to compel either 27 UNOFFICIAL COPY 25 RS BR 101
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party to agree to a proposal, or require either party to make a concession. 1
Section 10. The following KRS sections are repealed: 2
65.016 Prohibition against requiring any employer to pay employee a certain wage or 3
fringe benefit. 4
336.132 Labor agreement in violation of KRS 336.130 is unlawful and void -- 5
Exceptions. 6