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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 164
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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) "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 164
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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 3
specific candidates or slates of candidates for nomination or election to any 4
state, county, city, or district office, but does not include an entity established 5
solely by a candidate which is managed solely by a candidate and a campaign 6
treasurer and whose name is generic in nature, such as "Friends of (the 7
candidate)," and does not reflect that other persons have structured themselves 8
as a committee, designated officers of the committee, and assigned 9
responsibilities and duties to each officer with the purpose of managing a 10
campaign to support or oppose a candidate in an election; 11
(b) "Caucus campaign committee," which means members of any caucus groups 12
who receive contributions and make expenditures to support or oppose one (1) 13
or more specific candidates or slates of candidates for nomination or election 14
to any state, county, city, or district office, or a committee in Kentucky or in 15
any other state. 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, 21
which serve the same function as the above-named committees, as 22
determined by administrative regulations promulgated by the Kentucky 23
Registry of Election 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 26
if that committee receives or expends money in excess of one thousand dollars 27 UNOFFICIAL COPY 25 RS BR 164
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($1,000); 1
(d) "Permanent committee," which means a group of individuals, including an 2
association, committee, or organization, other than a campaign committee, 3
political issues committee, inaugural committee, caucus campaign committee, 4
or a party executive committee, which is established as, or intended to be, a 5
permanent organization having as a primary purpose expressly advocating the 6
election or defeat of one (1) or more clearly identified candidates, slates of 7
candidates, or political parties, which functions on a regular basis throughout 8
the year; 9
(e) An executive committee of a political party; and 10
(f) "Inaugural committee," which means one (1) or more persons who receive 11
contributions and make expenditures in support of inauguration activities for 12
any candidate or slate of candidates elected to any state, county, city, or 13
district office; 14
(3) "Contributing organization" means a group which merely contributes to candidates, 15
slates of candidates, campaign committees, caucus campaign committees, or 16
executive committees from time to time from funds derived solely from within the 17
group, and which does not solicit or receive funds from sources outside the group 18
itself; 19
(4) "Contribution" means any: 20
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 21
to a candidate, his or her agent, a slate of candidates, its authorized agent, a 22
committee, or contributing organization but shall not include a loan of money 23
by any financial institution doing business in Kentucky made in accordance 24
with applicable banking laws and regulations and in the ordinary course of 25
business. As used in this subsection, "loan" shall include a guarantee, 26
endorsement, or other form of security where the risk of nonpayment rests 27 UNOFFICIAL COPY 25 RS BR 164
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with the surety, guarantor, or endorser, as well as with a committee, 1
contributing organization, candidate, slate of candidates, or other primary 2
obligor. No person shall become liable as surety, endorser, or guarantor for 3
any sum in any one (1) election which, when combined with all other 4
contributions the individual makes to a candidate, his or her agent, a slate of 5
candidates, its agent, a committee, or a contributing organization, exceeds the 6
contribution limits provided in KRS 121.150; 7
(b) Payment by any person other than the candidate, his or her authorized 8
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 9
contributing organization, of compensation for the personal services of 10
another person which are rendered to a candidate, slate of candidates, 11
committee, or contributing organization, or for inauguration activities; 12
(c) Goods, advertising, or services with a value of more than one hundred dollars 13
($100) in the aggregate in any one (1) election which are furnished to a 14
candidate, slate of candidates, committee, or contributing organization or for 15
inauguration activities without charge, or at a rate which is less than the rate 16
normally charged for the goods or services; or 17
(d) Payment by any person other than a candidate, his or her authorized treasurer, 18
a slate of candidates, its authorized treasurer, a committee, or contributing 19
organization for any goods or services with a value of more than one hundred 20
dollars ($100) in the aggregate in any one (1) election which are utilized by a 21
candidate, slate of candidates, committee, or contributing organization, or for 22
inauguration activities; 23
(5) "Election" means any primary, regular, or special election. Each primary, regular, 24
or special election shall be considered a separate election; 25
(6) "Electioneering communications" means: 26
(a) Any communication broadcast by television or radio, printed in a newspaper 27 UNOFFICIAL COPY 25 RS BR 164
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or on a billboard, directly mailed or delivered by hand to personal residences, 1
or in telephone calls made to personal residences, or otherwise distributed 2
that: 3
1. Unambiguously refers to any candidate for any state, county, city, or 4
district office, or to any ballot measure; 5
2. Is broadcast, printed, mailed, delivered, made, or distributed within 6
thirty (30) days before a primary election or sixty (60) days before a 7
general election; and 8
3. Is broadcast to, printed in a newspaper, distributed to, mailed to or 9
delivered by hand to, in telephone calls made to, or otherwise distributed 10
to an audience that includes members of the electorate for such public 11
office or the electorate associated with the ballot containing the ballot 12
measure. 13
(b) "Electioneering communications" does not include: 14
1. Any news articles, editorial endorsements, opinions or commentary, 15
writings, or letters to the editor printed in a newspaper, magazine, or 16
other periodical not owned by or controlled by a candidate, committee, 17
or political party; 18
2. Any editorial endorsements or opinions aired by a broadcast facility not 19
owned or controlled by a candidate, committee, or political party; 20
3. Any communication by persons made in the regular course and scope of 21
their business or any communication made by a membership 22
organization solely to members of such an organization and their 23
families; 24
4. Any communication that refers to any candidate only as part of the 25
popular name of a bill or statute; or 26
5. A communication that constitutes a contribution or independent 27 UNOFFICIAL COPY 25 RS BR 164
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expenditure as defined in this section; 1
(7) "Employer" means all persons, firms, associations, corporations, public employers, 2
public school employers, and public colleges, universities, institutions, and 3
education agencies; 4
(8) "Fundraiser" means an individual who directly solicits and secures contributions on 5
behalf of a candidate or slate of candidates for a statewide-elected state office, or an 6
office in a jurisdiction with a population in excess of two hundred thousand 7
(200,000) residents; 8
(9) "Independent expenditure" means the expenditure of money or other things of value 9
for a communication which expressly advocates the election or defeat of a clearly 10
identified candidate or slate of candidates, and which is made without any 11
coordination, consultation, or cooperation with any candidate, slate of candidates, 12
campaign committee, or any authorized person acting on behalf of any of them, and 13
which is not made in concert with, or at the request or suggestion of any candidate, 14
slate of candidates, campaign committee, or any authorized person acting on behalf 15
of any of them; 16
(10) ]"labor organization" means any organization of any kind, or any agency or 17
employee representation committee or plan, in which employees participate and[, 18
association or union] which exists for the purpose, in whole or in part, of dealing 19
with employers concerning grievances, labor disputes, wages, rates of pay, hours 20
of employment or conditions of work[, or other forms of compensation. Except, for 21
the purposes of this section or KRS 161.158, 164.365, 336.133, 336.134, 336.1341, 22
336.135, or 336.990, "labor organization" shall not include organizations which 23
primarily represent public employees working in the protective vocations of active 24
law enforcement officer, jail and corrections officer, or active fire suppression or 25
prevention personnel; 26
(11) "Political activities" means any contribution or independent expenditure made: 27 UNOFFICIAL COPY 25 RS BR 164
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(a) To any committee; 1
(b) To any contributing organization; 2
(c) To any candidate; 3
(d) To any slate of candidates; 4
(e) To any fundraiser; 5
(f) For any electioneering communications; 6
(g) For any testimonial affair; 7
(h) In any manner intended to influence the outcome of any election; 8
(i) In any manner intended to otherwise promote or support the defeat of any: 9
1. Candidate; 10
2. Slate of candidates; or 11
3. Ballot measure; or 12
(j) In any manner intended to advance any position held by any person or entity 13
other than the public employee regarding any: 14
1. Election; 15
2. Candidate; 16
3. Slate of candidates; or 17
4. Ballot measure; 18
(12) "Public employee" means an employee of a "public agency" as that term is defined 19
in KRS 61.870; 20
(13) "Slate of candidates" means: 21
(a) Between the time a certificate or petition of nomination has been filed for a 22
candidate for the office of Governor under KRS 118.365 and the time the 23
candidate designates a running mate for the office of Lieutenant Governor 24
under KRS 118.126, a slate of candidates consists of the candidate for the 25
office of Governor; and 26
(b) After that candidate has designated a running mate under KRS 118.126, that 27 UNOFFICIAL COPY 25 RS BR 164
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same slate of candidates consists of that same candidate for the office of 1
Governor and the candidate's running mate for the office of Lieutenant 2
Governor. Unless the context requires otherwise, any provision of law that 3
applies to a candidate shall also apply to a slate of candidates; and 4
(14) "Testimonial affair" means an affair held in honor of a person who holds or who is 5
or was a candidate for nomination or election to a state, city, county, or district 6
political office designed to raise funds for the purpose of influencing the outcome 7
of an election, otherwise promoting support for, or the defeat of, any candidate, 8
slate of candidates, or ballot measure]. 9
Section 3. KRS 336.990 is amended to read as follows: 10
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 11
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 12
person shall forfeit his or her office. 13
(2) The following civil penalties shall be imposed, in accordance with the provisions in 14
KRS 336.985, for violations of the provisions of this chapter: 15
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 16
assessed a civil penalty of not less than one hundred dollars ($100) nor more 17
than one thousand dollars ($1,000); 18
(b) Any corporation, association, organization, or person that violates KRS 19
336.190 and 336.200 shall be assessed a civil penalty of not less than one 20
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 21
offense. Each act of violation, and each day during which such an agreement 22
remains in effect, shall constitute a separate offense; 23
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 24
civil penalty of not less than one hundred dollars ($100) nor more than one 25
thousand dollars ($1,000) for each violation; and 26
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 27 UNOFFICIAL COPY 25 RS BR 164
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penalty of not less than one hundred dollars ($100) nor more than one 1
thousand dollars ($1,000) for each offense. 2
(e) Any public employer or labor organization that violates KRS 161.158, 3
164.365, 336.133,[ 336.134,] 336.1341, 336.135, or 336.180 shall be assessed 4
a civil penalty of not less than one hundred dollars ($100) nor more than one 5
thousand dollars ($1,000) for each offense[. 6
(3) Any labor organization, employer, or other person who directly or indirectly 7
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 8
(4) Any person aggrieved as a result of any violation or threatened violation of KRS 9
336.130(3) may seek abatement of the violation or threatened violation by 10
petitioning a court of competent jurisdiction for injunctive relief and shall be 11
entitled to costs and reasonable attorney fees if he or she prevails in the action. 12
(5) Any person injured as a result of any violation or threatened violation of KRS 13
336.130(3) may recover all damages resulting from the violation or threatened 14
violation and shall be entitled to costs and reasonable attorney fees if he or she 15
prevails in the action]. 16
Section 4. KRS 67A.6904 is amended to read as follows: 17
(1) [Except as provided in KRS 336.130, ]Urban-county governments and their 18
representatives and agents are prohibited from: 19
(a) Interfering, restraining, or coercing police officers, firefighter personnel, 20
firefighters, or corrections personnel in the exercise of the rights guaranteed in 21
KRS 67A.6902; 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 section or in any other statute to 27 UNOFFICIAL COPY 25 RS BR 164
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the contrary shall preclude an urban-county government from making an 1
agreement with a labor organization to require as a condition of 2
employment membership therein on or after the thirtieth day following the 3
beginning of that employment or on the effective date of the agreement, 4
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 section; 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 and their agents are prohibited from: 13
(a) Restraining or coercing: 14
1. Police officers, firefighter personnel, firefighters, or corrections 15
personnel in the exercise of the right guaranteed in KRS 67A.6902; and 16
2. An urban-county government in the selection of a representative for the 17
purposes of collective bargaining or the adjustment of grievances; or 18
(b) Refusing to bargain collectively in good faith with an urban-county 19
government, if they have been designated in accordance with the provisions of 20
this section as the exclusive representative of police officers, firefighter 21
personnel, firefighters, or corrections personnel in an appropriate unit. 22
(3) For the purposes of this section, to bargain collectively is to carry out in good faith 23
the mutual obligation of the parties, or their representatives; to meet together at 24
reasonable times, including meetings in advance of the budget-making process; to 25
negotiate in good faith with respect to wages, hours, and other conditions of 26
employment; to negotiate an agreement; to negotiate any question arising under any 27 UNOFFICIAL COPY 25 RS BR 164
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agreement; and to execute a written contract incorporating any agreement reached, 1
if requested by either party. The obligation shall not be interpreted to compel either 2
party to agree to a proposal, or require either party to make a concession. 3
Section 5. KRS 67C.406 is amended to read as follows: 4
(1) [Except as provided in KRS 336.130(3), ]Consolidated local governments, their 5
representatives, or their agents are prohibited from: 6
(a) Interfering, restraining, or coercing police officers in the exercise of the rights 7
guaranteed in KRS 67C.402; 8
(b) Dominating or interfering with the formation, existence, or administration of 9
any labor organization; 10
(c) Discriminating in regard to hiring or tenure of employment or any term or 11
condition of employment to encourage or discourage membership in any labor 12
organization, provided that nothing in this section or in any other statute to 13
the contrary shall preclude a consolidated local government from making 14
an agreement with a labor organization to require as a condition of 15
employment membership therein on or after the thirtieth day following the 16
beginning of that employment or on the effective date of the agreement, 17
whichever is later; 18
(d) Discharging or otherwise discriminating against an employee because he or 19
she has signed or filed any affidavit, petition, or complaint or given any 20
information or testimony under this section; or 21
(e) Refusing to bargain collectively in good faith with a labor organization which 22
is the exclusive representative of employees in an appropriate unit, including 23
but not limited to the discussing of grievances with the exclusive 24
representative. 25
(2) Labor organizations or their agents are prohibited from: 26
(a) Restraining or coercing: 27 UNOFFICIAL COPY 25 RS BR 164
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1. Police officers in the exercise of the right guaranteed in KRS 67C.402; 1
and 2
2. A consolidated local government in the selection of a representative for 3
the purposes of collective bargaining or the adjustment of grievances; or 4
(b) Refusing to bargain collectively in good faith with a consolidated local 5
government, if they have been designated in accordance with the provisions of 6
this section as the exclusive representative of police officers in an appropriate 7
unit. 8
(3) For the purposes of this section, to bargain collectively is to carry out in good faith 9
the mutual obligation of the parties, or their representatives; to meet together at 10
reasonable times, including meetings in advance of the budget-making process; to 11
negotiate in good faith with respect to wages, hours, and other conditions of 12
employment; to negotiate an agreement; to negotiate any question arising under any 13
agreement; and to execute a written contract incorporating any agreement reached, 14
if requested by either party. The obligation shall not be interpreted to compel either 15
party to agree to a proposal, or require either party to make a concession. 16
Section 6. KRS 70.262 is amended to read as follows: 17
(1) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 18
government or city of the first class that has adopted a merit system under KRS 19
70.260 to 70.273, deputies subject to the merit system may organize, form, join, or 20
participate in organizations in order to engage in lawful concerted activities for the 21
purpose of collective bargaining or other mutual aid and protection, and to bargain 22
collectively through a representative of their own free choice. Deputies shall also 23
have the right to refrain from any or all of these activities but shall be subject to the 24
lawful provisions of any collective bargaining agreement entered into under this 25
section. Strikes by deputies of any collective bargaining unit shall be prohibited at 26
any time. 27 UNOFFICIAL COPY 25 RS BR 164
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(2) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 1
government or city of the first class that has adopted a merit system under KRS 2
70.260 to 70.273, the sheriff shall contract with a representative of the deputies 3
described in subsection (1) of this section employed by the sheriff where the 4
representative has established representation of a majority of the deputies, with 5
respect to wages, hours, and terms and conditions of employment, including 6
execution of a written contract incorporating any agreement reached between the 7
sheriff and the representative. The sheriff shall not be required to bargain over 8
matters of inherent managerial policy. 9
Section 7. KRS 78.470 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, the 12
county employees in the classified service as police may organize, form, join or 13
participate in organizations in order to engage in lawful concerted activities for the 14
purpose of collective bargaining or other mutual aid and protection, and to bargain 15
collectively through representatives of their own free choice. Such employees shall also 16
have the right to refrain from any or all such activities. Strikes by said members of any 17
such collective bargaining unit shall be prohibited at any time. 18
Section 8. KRS 78.480 is amended to read as follows: 19
[Except as provided in KRS 336.130, ]In any county in the Commonwealth of Kentucky 20
which has a population of 300,000 or more and which has adopted the merit system for 21
its police force, the fiscal court may contract with representatives of the police employed 22
by said county with respect to wages, hours, terms and conditions of employment, 23
including execution of a written contract incorporating any agreement reached between 24
the fiscal court and representatives of the police. The fiscal court shall not be required to 25
bargain over matters of inherent managerial policy. 26
Section 9. KRS 345.050 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 164
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(1) [Except as provided in KRS 336.130, ]Public employers, their representatives or 1
their agents are prohibited from: 2
(a) Interfering, restraining or coercing firefighters in the exercise of the rights 3
guaranteed in KRS 345.030; 4
(b) Dominating or interfering with the formation, existence or administration of 5
any labor organization; 6
(c) Discriminating in regard to hiring or tenure of employment or any term or 7
condition of employment to encourage or discourage membership in any labor 8
organization, provided that nothing in this section or in any other statute to 9
the contrary shall preclude a public employer from making an agreement 10
with a labor organization to require as a condition of employment 11
membership therein on or after the thirtieth day following the beginning of 12
such employment or on the effective date of the agreement, whichever is 13
later; 14
(d) Discharging or otherwise discriminating against an employee because he or 15
she has signed or filed any affidavit, petition or complaint or given any 16
information or testimony under this chapter; or 17
(e) Refusing to bargain collectively in good faith with a labor organization which 18
is the exclusive representative of employees in an appropriate unit, including 19
but not limited to the discussing of grievances with the exclusive 20
representative. 21
(2) Labor organizations or their agents are prohibited from: 22
(a) Restraining or coercing: 23
1. Firefighters in the exercise of the right guaranteed in subsection (1) of 24
KRS 345.030, and 25
2. A public employer in the selection of his or her representative for the 26
purposes of collective bargaining or the adjustment of grievances; and 27 UNOFFICIAL COPY 25 RS BR 164
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(b) Refusing to bargain collectively in good faith with a public employer, if they 1
have been designated in accordance with the provisions of this chapter as the 2
exclusive representative of firefighters in an appropriate unit. 3
(3) For the purposes of this chapter, to bargain collectively is to carry out in good faith 4
the mutual obligation of the parties, or their representatives; to meet together at 5
reasonable times, including meetings in advance of the budget-making process; to 6
negotiate in good faith with respect to wages, hours and other conditions of 7
employment; to negotiate an agreement; to negotiate any question arising under any 8
agreement; and to execute a written contract incorporating any agreement reached, 9
if requested by either party. The obligation shall not be interpreted to compel either 10
party to agree to a proposal, or require either party to make a concession. 11
Section 10. KRS 336.1341 is amended to read as follows: 12
KRS 336.133[, 336.134,] and 336.180 shall not apply to any deductions from a public 13
employee's wages, compensation, or earnings made by the public employer in accordance 14
with any joint wage agreement or collective bargaining contract entered into, opted into, 15
modified, renewed, or extended prior to March 29, 2023. However, any joint wage 16
agreement or collective bargaining contract entered into, opted into, modified, renewed, 17
or extended after March 29, 2023, as well as any deductions made to a public employee's 18
wages, compensation, or earnings made in accordance with those joint wage agreements 19
or collective bargaining contracts or otherwise made after March 29, 2023, shall comply 20
with KRS 336.133[ and 336.134]. 21
Section 11. KRS 336.135 is amended to read as follows: 22
(1) As used in this section, "employee" means any person employed by or suffered or 23
permitted to work for a public or private employer, except "employee" shall not 24
mean any person covered by the Federal Railway Labor Act and the National Labor 25
Relations Act. 26
(2) An employee shall not be enrolled as a member of a labor organization unless the 27 UNOFFICIAL COPY 25 RS BR 164
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employee has affirmatively requested membership in writing. 1
(3) A sum shall not be withheld from the earnings of any employee for the purpose of 2
paying union dues or other fees paid by members of a labor organization or 3
employees who are non-members except upon the written or electronic 4
authorization of the employee member or employee non-member[, unless the 5
employer is a public employer, in which case KRS 336.134 applies to that 6
employer]. 7
(4) The requirements in this section shall not be waived by any member or non-8
member of a labor organization, nor required to be waived as a condition of 9
obtaining or maintaining employment. 10
(5) Signing or refraining from signing the authorization set forth in subsections (2) and 11
(3) of this section shall not be made a condition of obtaining or maintaining 12
employment. 13
(6) (a) A labor organization shall maintain financial records substantially similar to 14
and no less comprehensive than the records required to be maintained under 15
29 U.S.C. sec. 431(b). 16
(b) These records shall be kept in a searchable electronic format and provided to 17
every employee it represents. 18
(c) The records and the data or summary by which the records can be verified, 19
explained, or clarified shall be kept for a period of not less than five (5) years. 20
(d) A labor organization composed of public employees shall transmit financial 21
records detailing the labor organization's quarterly expenses to its members on 22
an annual basis. 23
(7) This section shall not apply to any agreement between employers and employees or 24
labor organizations entered into before January 9, 2017, but any such agreement 25
entered into, opted in, renewed, or extended on or after January 9, 2017, and which 26
violates this section shall be unlawful and void. 27 UNOFFICIAL COPY 25 RS BR 164
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(8) This section shall be known as the "Paycheck Protection Act." 1
Section 12. 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
336.134 Public employer prohibited from deducting from wages of any public employee 7
for charges to a labor organization or for political activities. 8