HLS 24RS-751 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 712
BY REPRESENTATIVE CREWS
LABOR: Provides relative to the resignation from labor organizations for teachers and other
school employees and the collection of membership dues for political activities
1 AN ACT
2To amend and reenact R.S. 17:438(C) and (D) and to enact R.S. 17:438(E) through (H),
3 relative to labor organizations; to provide for the resignation from labor
4 organizations for teachers or other school employees; to provide for collective
5 bargaining agreements and contracts; to provide for the collection and the reporting
6 of membership dues for political activity; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:438(C) and (D) are hereby amended and reenacted and R.S.
917:438(E) through (H) are hereby enacted to read as follows:
10 ยง438. Permitted withholdings; exceptions
11 * * *
12 C.(1) Any organization that requests a state, parish, city, local school board,
13 or any other governmental agency to arrange by salary deduction or otherwise for the
14 collection of membership dues of persons employed by a state, parish, city, local
15 school board, or any other governmental agency shall certify to the appropriate
16 governmental entity that none of the membership dues will be used for political
17 activity.
18 (2) Thereafter, at the conclusion of each calendar year, each organization that
19 has arranged for the collection of its membership dues of persons employed by a
20 state, parish, city, local school board, or any other governmental agency shall provide
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HB NO. 712
1 the appropriate governmental entity a detailed breakdown of the expenditure of the
2 membership dues of persons employed by a state, parish, city, local school board, or
3 any other governmental agency collected by the governmental entity.
4 (3) Any organization that fails to provide the required certifications, reports
5 any expenditures for political activity, or files false information about political
6 activity in any of its reports shall be permanently barred from arranging for the
7 collection of its membership dues by any governmental entity.
8 D. Any amount withheld in accordance with the provisions of this Section
9 shall be remitted to the organization designated on a regularly scheduled basis as
10 determined by the employing board.
11 D. This Section shall not apply to a city or parish school board operating
12 under the terms of a collective bargaining agreement applicable to teachers employed
13 by the board.
14 E.(1) Upon the submission of a written or email request to a state, parish,
15 city, local school board, or any other governmental agency, any employee shall have
16 the right to immediately cease the withholding of membership dues from his wages.
17 Upon receipt of a request, a state, parish, city, local school board, or any other
18 governmental agency shall immediately provide written or email notification to the
19 organization of the employee's decision.
20 (2) The organization shall cease any withholding of dues from the
21 employee's wages and the employee will not accrue any further debt. The
22 employee's right to immediately resign and immediately end any financial obligation
23 to an organization shall not be waived.
24 (3) All authorizations for organization due shall not exceed one year and are
25 required to be renewed annually. Any prior authorizations for organization dues are
26 deemed invalid.
27 (4) The requirements of this Section do not affect any collective bargaining
28 agreement in effect and the terms of the collective bargaining agreement shall remain
29 valid until the expiration of the collective bargaining agreement.
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HB NO. 712
1 F.(1) The state, parish, city, local school board, or any other governmental
2 agency shall notify the employee of his right to cease payment of member
3 organization dues. The state, a parish, a city, a local school board, or any other
4 governmental agency shall provide written or email notification, at least annually,
5 to the employee to inform him that he can withdraw from the organization.
6 (2) All authorizations shall be on a form prescribed by the employer and
7 contain the following state in fourteen-point boldface font:
8 "The state of Louisiana wishes to inform you that you have a First
9 Amendment right to join or refrain from joining and paying dues to a labor
10 organization. Membership and payment of dues are voluntary and you may not be
11 discriminated against for your decision or your refusal to join or financially support
12 a labor organization. You may authorize your employer to deduct union dues from
13 your salary in the amount specified in accordance with a labor organization's bylaws.
14 You may revoke this authorization at any time."
15 (3) All authorizations shall be submitted to the employer and contain the
16 employee's full name, positions, employee organization, and signature. Before
17 starting any deductions, the employer shall confirm the authorization by emailing the
18 employee at his employer-provided email address and the employer shall wait for
19 confirmation of the authorization. If the employee does not possess an employer-
20 provided address then the employer may use other means it deems appropriate to
21 confirm the authorization.
22 G. No state, parish, municipality, town, or like governmental officer, agent,
23 or governing body shall be vested with or possess any authority to recognize any
24 labor union or other employee association as a bargaining or meet and confer agent
25 of any public officers or employees, or to collectively bargain, meet and confer or
26 enter into any collective bargaining contract or memorandum of understanding that
27 outlines terms and conditions of employment with any union or association or its
28 agents with respect to any matter relating to the public officer's or employee's
29 employment or service.
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HB NO. 712
1 H. The provisions of this Section shall not apply to law enforcement and
2 firefighters.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 712 Original 2024 Regular Session Crews
Abstract: Allows teachers or other employees from certain governing bodies to withdraw
from paying labor organization dues and to prohibit the collection of membership
dues for political activities.
Proposed law requires a labor organization that requests to collect membership dues or
salary deductions from a state, public, school board, or any other governmental agency
employee to certify to the appropriate governmental entity that none of the membership dues
will be used for political activity. Proposed law further requires, at the end of each calendar
year, for a labor organization to provide a detailed breakdown of the expenditure of
membership dues collected.
Proposed law provides that any labor organization that fails to provide the required
certifications, reports expenditures for political activity, or files false information about
political activity in any of its reports shall be permanently barred from arranging for the
collection of its membership dues.
Proposed law provides that upon submission of a written or email request to a state, parish,
city, local school board, or any other governmental agency, herein referred to as "the
agency", an employee shall have the right to immediately cease the withholding of
association dues from his wages. Proposed law further provides that upon receipt of a
request, the agency shall immediately send written or email notification of the employee's
decision to the organization.
Proposed law provides that the organization shall cease any withholding of dues from the
employee's wages. Proposed law further provides that the employee will not accrue any
further debt.
Proposed law provides that the employee's right to immediately resign and immediately end
any financial obligation to an association shall not be waived.
Proposed law provides that all authorizations for association dues shall not exceed one year;
and that all authorizations shall be renewed annually in order to be effective. Proposed law
further provides that any prior authorizations for association dues are deemed invalid.
Proposed law provides that the requirements of proposed law do not affect any collective
bargaining agreement currently in effect. Proposed law further provides that the terms of
the collective bargaining agreement shall remain valid until the adoption of a new collective
bargaining agreement or modification, extension, or alteration of an existing bargaining
agreement pursuant to proposed law occurs.
Proposed law provides that the agency shall notify the employee of his right to cease
payment of association dues. Proposed law further provides that the agency shall provide
written or email notification, at least annually, to the employee to inform him that he can
withdraw from the association.
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HB NO. 712
Proposed law provides that all authorizations shall be on a form prescribed by the employer
and contain the following statement in fourteen-point boldface font.
"The state of La. wishes to inform you that you have a 1
st
Amendment right to join
or refrain from joining and paying dues to an association. Membership and payment
of dues are voluntary and you may not be discriminated against for your decision or
your refusal to join or financially support an association. You may authorize your
employer to deduct association dues from your salary in the amounts specified in
accordance with an association's bylaws. You may revoke this authorization at any
time."
Proposed law provides that the employer shall confirm the authorization by emailing the
employee at his employer-provided email address or, if he does not have an employer-
provided email, by other means the employer deems appropriate.
Proposed law prohibits a state, parish, city, town, or governmental officer, agent, or
governing body from recognizing any labor union or other employee association as a
bargaining or meet and confer agent of any public officers or employees, or to collectively
bargain, meet and confer, or enter into any collective bargaining contract or memorandum
of understanding that outlines terms and conditions of employment with any the labor union
or association or its agents with respect to any matter relating to the public officer's or
employee's employment or service.
Proposed law exempts law enforcement and firefighter services to the applicability of
proposed law.
(Amends R.S. 17:438(C) and (D); Adds R.S. 17:438(E)-(H))
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