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REFERENCE TITLE: labor organizations; nonunion employees; representation |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1564 |
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Introduced by Senator Gallardo; Representatives Miranda R, Tovar
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AN ACT
amending title 23, chapter 8, Arizona Revised Statutes, by adding article 7; relating to labor organizations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 8, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. REPRESENTATION EXPENSES
23‑1421. Definitions
In this article, unless the context otherwise requires:
1. "Actual costs of grievance representation" means the expenses incurred by a labor organization in connection with representing employees who are not members of the labor organization in processing their employment related grievances, including costs attributable to the time spent by the labor organization agents and staff and expenditures for transcripts, attorney fees, arbitrator costs and fees and similar costs. Actual costs of grievance representation do not include costs associated with political activities, collective bargaining or the labor organization's internal electoral process.
2. "Labor organization" means an organization, agency or employee representation committee or plan in which employees participate and that exists, in whole or in part, to deal with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
23‑1422. Nonunion employees; payment of representation expenses
A. If an employee is a member of a collective bargaining unit of an employer with which a labor organization has a contract but the employee is not a member of the labor organization, that contract may provide that the employee is liable to the labor organization for the actual costs of grievance representation incurred by the labor organization in representing the employee in any grievance process initiated by the employee, except that the employee is not liable for costs that exceed an amount equal to the dues of a member of the labor organization during the period of the most recent contract. An employee may reimburse the labor organization for these costs by making monthly payments equal to normal monthly membership dues until the entire amount owed has been paid.
B. If the employee fails to begin reimbursing the labor organization for the costs within thirty days after the final decision in the grievance process, the labor organization may bring an action in a court of competent jurisdiction for payment of the costs of representation. Failure to reimburse the costs does not prejudice the right of the employee to continued employment with the employer.
C. This section does not prohibit an employee who is not a member of the labor organization from representing himself or from retaining legal counsel in any grievance process.