HLS 24RS-3851 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 980 (Substitute for House Bill No. 712 by Representative Crews)
BY REPRESENTATIVE CREWS
LABOR: Provides relative to the resignation from labor organizations dues for teachers and
other school employees and public employees
1 AN ACT
2To amend and reenact R.S. 42:457 and to enact R.S. 17:438(E) and (F), relative to labor
3 organizations; to provide for the resignation from labor organizations dues for
4 teachers or other school employees; to provide for the resignation from labor
5 organization and union dues for public employees; to provide for collective
6 bargaining agreements or contracts; to provide for reporting and notification
7 requirements; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:438(E) and (F) are hereby enacted to read as follows:
10 §438. Permitted withholdings; exceptions
11 * * *
12 E.(1) A state, parish, city, local school board, or any other governmental
13 agency shall notify the employee of his right to cease payment of member
14 organization dues. The state, parish, city, local school board, or any other
15 governmental agency shall provide written or email notification, at least annually,
16 to the employee to inform him that he can withdraw from the organization.
17 (2) All authorizations shall be on a form prescribed by the employer and
18 contain the following statement in fourteen-point boldface font:
19 "The state of Louisiana wishes to inform you that you have a First
20 Amendment right to join or refrain from joining and paying dues to a labor
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-3851 ENGROSSED
HB NO. 980
1 organization. Membership and payment of dues are voluntary and you may not be
2 discriminated against for your decision or your refusal to join or financially support
3 a labor organization. You may authorize your employer to deduct union dues from
4 your salary in the amount specified in accordance with a labor organization's bylaws.
5 You may revoke this authorization at any time."
6 (3) All authorizations shall be submitted to the employer and contain the
7 employee's full name, position, employee organization, and signature. Before
8 starting any deductions, the employer shall confirm the authorization by emailing the
9 employee at his employer-provided email address and the employer shall wait for
10 confirmation of the authorization. If the employee does not possess an employer-
11 provided address then the employer may use other means it deems appropriate to
12 confirm the authorization.
13 F. The provisions of this Section shall not apply to law enforcement and
14 firefighters.
15 Section 2. R.S. 42:457 is hereby amended and reenacted to read as follows:
16 §457. Union dues
17 A. Any state, parish, or city employee may authorize his employing
18 department, board, or agency to withhold from his salary a specific amount for such
19 pay periods as may be designated, for payment of his dues to any labor organization
20 to which he belongs and which he designates therein. In such cases, the employee
21 must voluntarily execute and furnish to the employing department, board, or agency
22 a written and specific authorization for such deductions; however, the employing
23 authority may elect whether or not to make such deductions. Any amount withheld
24 in accordance with the provisions of this Section shall be remitted on a regularly
25 scheduled basis as prescribed by rules promulgated by the Division of
26 Administration and administered by the state payroll office to the organization
27 designated.
28 B.(1) Upon the submission of a written or electronic request to the employer,
29 the employee shall have the right to immediately cease the withholding of dues from
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-3851 ENGROSSED
HB NO. 980
1 his wages. Upon receipt of a request to withhold, the employer shall immediately
2 provide written or electronic notification to the labor organization or union of the
3 employee's decision.
4 (2) Upon receipt of the notification provided for in Paragraph (1) of
5 Subsection, the employer shall cease any withholding of dues from the employee's
6 wages and the employee shall not accrue any further debt to the labor organization
7 or union. The employee's right to immediately discontinue any financial obligation
8 to the labor organization or union shall not be waived.
9 (3) All authorizations for use of salary deductions for payment of labor
10 organization or union dues shall not exceed one year in duration and shall be
11 annually renewed in order to remain effective. Any prior authorization for
12 deductions for payment of association dues shall be deemed invalid.
13 (4) This Section shall apply prospectively to any new collective bargaining
14 agreement or contract that is entered into or any existing collective bargaining
15 agreement that is modified, extended, or otherwise affected by a new or modified
16 memorandum of understanding.
17 C.(1) The employer shall provide written or electronic notification, at least
18 annually, advising the employee of his right to cease payment of association dues
19 and to withdraw membership from the labor organization or union.
20 (2) All authorizations shall be on a form prescribed by the employer
21 containing the following statement in fourteen-point boldface font:
22 "The state of Louisiana wishes to inform you that you have a First
23 Amendment right to join or refrain from joining and paying dues to a labor
24 organization. Membership and payment of dues are voluntary and you may not be
25 discriminated against for your decision or your refusal to join or financially support
26 a labor organization. You may authorize your employer to deduct labor organization
27 dues from your salary in the amount specified in accordance with the labor
28 organization's bylaws. You may revoke this authorization ay any time."
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-3851 ENGROSSED
HB NO. 980
1 (3)(a) All authorizations shall be submitted to the employer and contain the
2 employee's full name, position, employee organization, and signature.
3 (b) The employer shall not deduct any portion of an employee's salary for
4 purposes of payment of labor organization or union dues without emailed receipt of
5 confirmation of the employee's authorization from the employee's employer-
6 provided email address. If the employee does not have an employer-provided email
7 address the employer may use other means it deems appropriate to confirm the
8 authorization.
9 Section 3. The provisions of R.S. 42:457(B)(4) shall become applicable after August
101, 2024, for any new collective bargaining agreement or contract that is entered into or any
11existing collective bargaining agreement that is modified, extended, or otherwise affected
12by a new or modified memorandum of understanding.
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 980 Engrossed 2024 Regular Session Crews
Abstract: Allows teachers or other school employees from certain governing bodies to
withdraw from paying labor organization dues and allows public employees to
withdraw from paying labor organization dues.
TEACHERS AND OTHER SCHOOL EMP LOYEES
Present law allows a teacher or other employee of a parish or city school board to authorize
his employing school board to deduct and withhold from his earnings a specific amount for
the payment of labor organization dues.
Proposed law retains present law.
Present law prohibits deductions from a teacher's or other employee's earnings, unless 50 or
more teachers or other employees or 10% of the total number of employees, including
teachers, whichever is less, and such deduction is specifically and voluntarily authorized in
writing by the teacher or other employee.
Proposed law retains present law.
Present law provides that present law shall not apply to a city or parish school board
operating under the terms of a collective bargaining agreement applicable to teachers
employed by the board.
Proposed law retains present law.
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-3851 ENGROSSED
HB NO. 980
Proposed law requires a state, parish, city, local school board, or any other governmental
agency, notify the employee of his right to cease payment of member organization dues.
Proposed law further requires the agency to provide written or email notification, at least
annually, to the employee to inform him that he can withdraw from the organization.
Proposed law provides that all authorizations shall be on a form prescribed by the employer
and contain the following statement in 14-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 requires all authorizations to be submitted to the employer and contain the
employee's full name, position, employee organization, and signature.
Proposed law requires, before starting any deductions, the employer to confirm the
authorization by emailing the employee at his employer-provided email address and the
employer shall wait for confirmation of the authorization.
Proposed law provides that if the employee does not possess an employer-provided address
then the employer may use other means it deems appropriate to confirm the authorization.
Proposed law exempts law enforcement and firefighter services to the applicability of
proposed law.
PUBLIC EMPLOYEES
Present law provides that any state, parish, or city employee may authorize his employing
department, board, or agency to withhold from his salary a specific amount for the
designated pay periods for payment of labor organization dues.
Proposed law retains present law.
Proposed law provides that upon submission of a written or electronic request to the
employer, the employee shall have the right to immediately cease the withholding of dues
from his wages. Proposed law further provides, upon receipt of a request to withhold, the
employer shall immediately provide written or electronic notification to the labor
organization or union of the employee's decision.
Proposed law requires, upon receipt of the notification required by proposed law, the
employer to cease any withholding of dues from the employee's wages. Proposed law
provides that the employee shall not accrue any further debt to the labor organization or
union, and that his right to immediately discontinue any financial obligation to the labor
organization or union shall not be waived.
Proposed law provides that proposed law shall apply prospectively to any new collective
bargaining agreement or contract that is entered into or any existing collective bargaining
agreement that is modified, extended, or otherwise affected by a new or modified
memorandum of understanding.
Proposed law requires the employer to provide written or email notification, at least
annually, advising the employee of his right to cease payment of association dues and to
withdraw membership from the labor organization or union.
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-3851 ENGROSSED
HB NO. 980
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 requires all authorizations to be submitted to the employer and contain the
employee's full name, position, employee organization, and signature.
Proposed law prohibits the employer from deducting any portion of an employee's salary for
payment of labor organization or union dues without emailed receipt of confirmation of the
employee's authorization from the employee's employer-provided email address.
Proposed law provides that if the employee does not possess an employer-provided address
then the employer may use other means it deems appropriate to confirm the authorization.
Proposed law provides that provisions of proposed law (R.S. 42:457(B)(4)) shall become
applicable after Aug. 1, 2024.
(Amends R.S. 42:457; Adds R.S. 17:438(E) and (F))
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.