HB 1663-FN-LOCAL – AS INTRODUCED
2012 SESSION
06/01
HOUSE BILL 1663-FN-LOCAL
AN ACT relative to payment of union fees by non-members.
SPONSORS: Rep. Lambert, Hills 27; Rep. Manuse, Rock 5
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill prohibits collective bargaining agreements from requiring public employees who are not members of the union to pay union fees or dues.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2384
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to payment of union fees by non-members.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Obligation to Bargain; Payment of Fees. Amend RSA 273-A:3 by inserting after paragraph IV the following new paragraph:
V. No collective bargaining agreement between a public employer and the employee organization certified by the board as the exclusive representative of the bargaining unit shall require a public employee who is not a member of the bargaining unit to pay any union fees, dues, or other agency fees. An employee who does not pay union dues or fees shall be considered to have opted out of representation by the bargaining unit.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2384
12/28/11
HB 1663-FN-LOCAL - FISCAL NOTE
AN ACT relative to payment of union fees by non-members.
FISCAL IMPACT:
The Public Employee Labor Relations Board, Judicial Branch, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill may have an indeterminable impact on state, county, and local expenditures in FY 2013 and each year thereafter. There will be no impact on state, county and local revenues.
METHODOLOGY:
The Public Employee Labor Relations Board (PELRB) states this bill prohibits agency fee arrangements in collective bargaining agreements and provides that employees who do not pay an agency fee or union dues will be deemed to have opted out of representation by the bargaining unit. The PELRB states this bill could impact costs to public employers associated with the employment of certain public employees, however it does not possess sufficient data or information to reasonably predict an estimate.
The Judicial Branch states this bill would likely have a fiscal impact less than $10,000 from its capacity as an employer. The Branch states however it may see a fiscal impact from this bill in appeals that may arise under it and reach the Supreme Court. The Branch states any issues arising from the proposed bill would be adjudicated in the Public Employee Labor Relations Board (PELRB) and in accordance with RSA 273-A:14, appeals from the PELRB may be brought to the Supreme Court in accordance with RSA chapter 541. The Branch states it has no information as to how many such appeals may arise from this bill but estimates even one appeal accepted for full appellate consideration could result in a fiscal impact in excess of $10,000.
The New Hampshire Association of Counties states this bill prohibits all public employee bargaining agreements from requiring non-union members to pay union dues. The Association states some county contracts currently include this provision and some do not. The Association states it is unable to determine if this bill will have an impact on county expenditures.
The New Hampshire Municipal Association states this bill prohibits collective bargaining agreements from requiring a public employee who is not a member of the bargaining union to pay union fees, dues or other agency fees, and will be considered opted out of representation by the bargaining unit. The Association states this bill will have some impact on local expenditures related to collective bargaining, but is unable to estimate what the impact might be.
The Department of Administrative Services states it does not expect any additional costs or expenses as a result of the passage of this bill.