Today's Law As Amended

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AB-1174 Right to work: labor organizations. (2017-2018)



SECTION 1.
 This act shall be known and may be cited as the “California Right to Work Act of 2017.”

SEC. 2.

 Section 922 of the Labor Code is amended to read:

922.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Employer” means a person, firm, association or corporation, public entity, school, college, university, institution, or an education agency.
(2) “Labor organization” means any organization, agency, employee representation committee, or union that exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, and other conditions of employment or forms of compensation.
(b)  Any person or agent or officer thereof who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any labor organization,  do any of the following  as a condition of securing employment or continuing in the employment of any such person is guilty of a misdemeanor. misdemeanor: 
(1) Enter into an agreement, written or verbal, not to join or to remain a member of a labor organization.
(2) Pay any dues, fees, or assessments, or other similar charges, however denominated, of any kind or amount to a labor organization.
(3) Pay to any charity or other third party, in lieu of the payments described in paragraph (2), an amount equivalent to, or a pro rata portion of, dues, fees, assessments, or other charges required of a member of a labor organization.
(c) (1) A person injured as a result of a violation or threatened violation of this section may obtain the following remedies:
(A) Injunctive relief against a violator or person threatening a violation.
(B) Monetary damages, including costs and reasonable attorney’s fees, resulting from a violation or threatened violation.
(2) These remedies are independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
(d) This section does not apply to any of the following:
(1) Employers and employees covered by the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.).
(2) Federal employers and employees.
(3) Employers and employees on exclusive federal enclaves.
(4) Circumstances that would otherwise conflict with, or be preempted by, federal law.
(5) An employment contract entered into before January 1, 2018. However, this chapter applies to any subsequent renewal or extension of such a contract.
SEC. 3.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.