Bill > S2124

Introduced Session

This bill establishes New Jersey as a "Right to Work" state by protecting all employees in the exercise of joining or refusing to join a labor organization. The bill prohibits employers and labor organizations from requiring employees to become or remain members of a labor organization, and to pay dues, fees or other charges to the labor organization, as a condition of employment or continued employment. Under this bill, any contract entered into on or after January 1, 2020, between any labor organization and employer which requires, as a condition of employment or continued employment, that an employee affiliate with, or pay dues, fees or other charges to, a labor organization shall be null and void. The bill defines the term "employer" to include both private sector and public sector employers for purposes of the protections afforded under this bill. The bill also defines "labor organization" as an agency, employee representation committee, group, association, plan, or organization of any kind in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. The bill requires all employers to post and keep continuously displayed a notice, printed in at least 10-point bold-faced type, at a place or places in the place of business, establishment, or premises where it may be readily seen by all employees, and to furnish a copy of that notice to all employees upon hiring, that informs the employees of their rights under the provisions of this bill. The bill prohibits any person, labor organization or labor organization's officer, agent or member thereof, or employer or employer's agent, representative or designee from using threats, intimidation, coercion, or the use of force against an individual exercising his rights provided under the bill. The bill provides for the imposition of civil penalties, for those who use threats, intimidation, coercion, or force, in an amount not to exceed $1,000 for the first violation and an amount not to exceed $5,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development. Also, upon a violation of any provision of the bill, an aggrieved person may institute a civil action in a court of competent jurisdiction, within one year from the date of the alleged violation. The bill also specifies that the provisions of the bill do not apply to the following: (1) employers and employees covered by the federal "Railway Labor Act," (45 U.S.C. s.151 et seq.); (2) federal employers and employees; or (3) employers and employees on exclusive federal enclaves. The bill amends section 4 of P.L.1965, c.173 (C.34:11-4.4) and repeals sections 2 through 6 of P.L.1979, c.477 (C.34:13A-5.5 through C.34:13A-5.9) to: (1) prohibit a public employer of public employees in a collective negotiating unit from withholding or diverting union dues by payroll deduction from the wages or salaries of the public employees; (2) prohibit a public employer of public employees in a negotiating unit from withholding or diverting a representation fee in lieu of dues by payroll deduction from the wages or salaries of nonmember public employees in the unit; and (3) prohibit a public employer of public employees from withholding or diverting contributions to a political action committee from the wages or salaries of the public employees. Currently, State law permits all employers to withhold or divert portions of an employee's wages for purposes of paying labor organization dues, initiation fees, and other labor organization charges permitted by law. The law also provides that all employers may withhold or divert contributions to political action committees from the wages or salaries of employees. Furthermore, the majority representative and the public employer of public employees in a collective negotiating unit may negotiate an agreement that entitles the majority representative to receive payment, by payroll deduction from the wages or salaries of the nonmember employees, of a representation fee in lieu of dues for services rendered by the majority representative. The representation fee in lieu of dues in no event may exceed 85% of the regular membership dues, fees, and assessments charged by the majority representative. By amending section 4 of P.L.1965, c.173 (C.34:11-4.4) and repealing sections 2 through 6 of P.L.1979, c.477 (C.34:13A-5.5 through C.34:13A-5.9), this bill will prohibit a public employer of public employees from withholding or diverting a portion of the wages or salaries of employees for purposes of paying union dues, initiation fees, and other labor organization charges permitted by law, for contributions to political action committees, or for a representation fee in lieu of dues.

Committee Categories

Michael Doherty (R)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 03/16/2020)

Official Document