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Minnesota Legislature

Office of the Revisor of Statutes

HF 3009

as introduced - 87th Legislature (2011 - 2012) Posted on 04/20/2012 09:31am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
proposing an amendment to the Minnesota Constitution, article I, by adding a
section; establishing a freedom of employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article I, to read:
new text end

new text begin Sec. 18. new text end

new text begin (a) No person shall be required as a condition of obtaining or continuing
employment to: (1) resign or refrain from membership in, voluntary affiliation with, or
voluntary financial support of a labor organization; (2) become or remain a member of a
labor organization; (3) pay any dues, fees, assessments, or other charges of any kind or
amount, or provide anything else of value, to a labor organization; or (4) pay to any charity
or other third party an amount equivalent to, or a portion of, dues, fees, assessments,
or other charges required of members of a labor organization. An agreement, contract,
understanding, or practice between a labor organization and an employer that takes force
or is extended or renewed after adoption of this section and that violates this section
is unlawful and unenforceable.
new text end

new text begin (b) No law, rule, order, or ordinance of the state of Minnesota or any of its
departments or political subdivisions shall require or allow for the withholding of any
amount from employee compensation for payment of dues, fees, assessments, or other
charges of any kind required of members of a labor organization.
new text end

new text begin (c) A person who suffers an injury or a threatened injury under this section may
bring a civil action for damages, injunctive relief, or both. In addition, a court shall
award a prevailing plaintiff costs and reasonable attorney fees. As used in this section,
"labor organization" means any agency, union, employee representation committee, or
organization of any kind that exists for the purpose, in whole or in part, of dealing with
employers concerning wages, rates of pay, hours of work, other conditions of employment,
or other forms of compensation.
new text end

new text begin (d) If any part of this section is found to be in conflict with the United States
Constitution or federal law, the section shall be implemented to the maximum extent that
the United States Constitution and federal law permit. Any provision held invalid or
inoperative is severable from the remaining portions of this section.
new text end

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2012 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to guarantee all citizens the
individual freedom to decide to join or not join a labor union, and to pay or not pay dues
to a labor union?"
new text end

new text begin Yes
.
new text end
new text begin No . "
new text end