AN ACT relating to employment.

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AN ACT relating to employment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 336.130 is amended to read as follows: 3
(1) Employees may, free from restraint or coercion by the employers or their agents, 4
associate collectively for self -organization and designate collectively 5
representatives of their own choosing to negotiate t he terms and conditions of their 6
employment to effectively promote their own rights and general welfare. 7
Employees, collectively and individually, may strike, engage in peaceful picketing, 8
and assemble collectively for peaceful purposes, except that no pub lic employee, 9
collectively or individually, may engage in a strike or a work stoppage. Nothing in 10
this statute and KRS 65.015, 67A.6904, 67C.406, 70.262, 78.470, 78.480, 336.132, 11
336.134, 336.180, 336.990, and 345.050 shall be construed as altering, amendi ng, 12
granting, or removing the rights of public employees to associate collectively for 13
self-organization and designate collectively representatives of their own choosing to 14
negotiate the terms and conditions of their employment to effectively promote their 15
own rights and general welfare. 16
(2) Neither employers or their agents nor employees or associations, organizations or 17
groups of employees shall engage or be permitted to engage in unfair or illegal acts 18
or practices or resort to violence, intimidation, threats or coercion. 19
(3) [(a) Notwithstanding subsection (1) of this section or any provision of the 20
Kentucky Revised Statutes to the contrary, no employee shall be required, as a 21
condition of employment or continuation of employment, to: 22
1. Become or remain a member of a labor organization; 23
2. Pay any dues, fees, assessments, or other similar charges of any kind or 24
amount to a labor organization; or 25
3. Pay to any charity or other third party, in lieu of these payments, any 26
amount equivalent t o or pro rata portion of dues, fees, assessments, or 27
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other charges required of a labor organization. 1
(b) As used in this subsection, the term "employee" means any person employed 2
by or suffered or permitted to work for a public or private employer. 3
(4) The secretary of the Education and Labor Cabinet or his or her representative shall 4
investigate complaints of violations or threatened violations of subsection (3) of this 5
section and may initiate enforcement of a criminal penalty by causing a complaint 6
to be filed with the appropriate local prosecutor and ensure effective enforcement. 7
(5) ]Except in instances where violence, personal injury, or damage to property have 8
occurred and such occurrence is supported by an affidavit setting forth the facts and 9
circumstances surrounding such incidents, the employees and their agents shall not 10
be restrained or enjoined from exercising the rights granted to them in subsection 11
(1) of this section without a hearing first being held, unless the employees or their 12
agents are engaged in a strike in violation of a "no strike" clause in their labor 13
contract. 14
(4)[(6)] Submission of a false affidavit concerning violence, personal injury, or 15
damage to property shall constitute a violation of KRS 523.030. In the absence of 16
any such affidavit alleging violence, personal injury, or damage injunctions shall be 17
issued only by a Circuit Judge or other justice or judge acting as a Circuit Judge 18
pursuant to law. 19
Section 2. KRS 336.990 is amended to read as follows: 20
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 21
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 22
person shall forfeit his or her office. 23
(2) The following civil penalties shall be imposed, in accordance with the provisions in 24
KRS 336.985, for violations of the provisions of this chapter: 25
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 26
assessed a civil penalty of not less than one hundred dollars ($ 100) nor more 27
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than one thousand dollars ($1,000); 1
(b) Any corporation, association, organization, or person that violates KRS 2
336.190 and 336.200 shall be assessed a civil penalty of not less than one 3
hundred dollars ($100) nor more than one thousand dolla rs ($1,000) for each 4
offense. Each act of violation, and each day during which such an agreement 5
remains in effect, shall constitute a separate offense; 6
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 7
civil penalty of not le ss than one hundred dollars ($100) nor more than one 8
thousand dollars ($1,000) for each violation; and 9
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 10
penalty of not less than one hundred dollars ($100) nor more than one 11
thousand dollars ($1,000) for each offense. 12
(e) Any public employer or labor organization that violates KRS 161.158, 13
164.365, 336.133, [336.134, ]336.1341, 336.135, or 336.180 shall be assessed 14
a civil penalty of not less than one hundred dollars ($100) nor mor e than one 15
thousand dollars ($1,000) for each offense[. 16
(3) Any labor organization, employer, or other person who directly or indirectly 17
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 18
(4) Any person aggrieved as a result of any violation or threatened violation of KRS 19
336.130(3) may seek abatement of the violation or threatened violation by 20
petitioning a court of competent jurisdiction for injunctive relief and shall be 21
entitled to costs and reasonable attorney fees if he or she prevails in the action. 22
(5) Any person injured as a result of any violation or threatened violation of KRS 23
336.130(3) may recover all damages resulting from the violation or threatened 24
violation and shall be entitled to costs and reasonable attorney fees if he or s he 25
prevails in the action]. 26
Section 3. KRS 67A.6904 is amended to read as follows: 27
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(1) [Except as provided in KRS 336.130, ] Urban-county governments and their 1
representatives and agents are prohibited from: 2
(a) Interfering, restraining, or coercing police officers, firefighter personnel, 3
firefighters, or corrections personnel in the exercise of the rights guaranteed in 4
KRS 67A.6902; 5
(b) Dominating or interfering with the formation, existence, or administration of 6
any labor organization; 7
(c) Discriminating in regard to hiring or tenure of employment or any term or 8
condition of employment to encourage or discourage membership in any labor 9
organization; 10
(d) Discharging or otherwise discriminating against an employee because h e or 11
she has signed or filed any affidavit, petition, or complaint or given any 12
information or testimony under this section; or 13
(e) Refusing to bargain collectively in good faith with a labor organization which 14
is the exclusive representative of employees in an appropriate unit, including 15
but not limited to the discussing of grievances with the exclusive 16
representative. 17
(2) Labor organizations and their agents are prohibited from: 18
(a) Restraining or coercing: 19
1. Police officers, firefighter personnel, firefighters, or corrections 20
personnel in the exercise of the right guaranteed in KRS 67A.6902; and 21
2. An urban-county government in the selection of a representative for the 22
purposes of collective bargaining or the adjustment of grievances; or 23
(b) Refusing to bargain collectively in good faith with an urban -county 24
government, if they have been designated in accordance with the provisions of 25
this section as the exclusive representative of police officers, firefighter 26
personnel, firefighters, or corrections personnel in an appropriate unit. 27
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(3) For the purposes of this section, to bargain collectively is to carry out in good faith 1
the mutual obligation of the parties, or their representatives; to meet together at 2
reasonable times, including meetings in advance of the budget -making process; to 3
negotiate in good faith with respect to wages, hours, and other conditions of 4
employment; to negotiate an agreement; to negotiate any question arising under any 5
agreement; and to ex ecute a written contract incorporating any agreement reached, 6
if requested by either party. The obligation shall not be interpreted to compel either 7
party to agree to a proposal, or require either party to make a concession. 8
Section 4. KRS 67C.406 is amended to read as follows: 9
(1) [Except as provided in KRS 336.130(3), ] Consolidated local governments, their 10
representatives, or their agents are prohibited from: 11
(a) Interfering, restraining, or coercing police officers in the exercise of the rights 12
guaranteed in KRS 67C.402; 13
(b) Dominating or interfering with the formation, existence, or administration of 14
any labor organization; 15
(c) Discriminating in regard to hiring or tenure of employment or any term or 16
condition of employment to encourage or discourage membership in any labor 17
organization; 18
(d) Discharging or otherwise discriminating against an employee because he or 19
she has signed or filed any affidavit, petition, or complaint or given any 20
information or testimony under this section; or 21
(e) Refusing to bargain collectively in good faith with a labor organization which 22
is the exclusive representative of employees in an appropriate unit, including 23
but not limited to the discussing of grievances with the exclusive 24
representative. 25
(2) Labor organizations or their agents are prohibited from: 26
(a) Restraining or coercing: 27
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1. Police officers in the exercise of the right guaranteed in KRS 67C.402; 1
and 2
2. A consolidated local government in the selection of a representative for 3
the purposes of collective bargaining or the adjustment of grievances; or 4
(b) Refusing to bargain collectively in good faith with a consolidated local 5
government, if they have been designated in accordance with the provisions of 6
this section as the exclusive rep resentative of police officers in an appropriate 7
unit. 8
(3) For the purposes of this section, to bargain collectively is to carry out in good faith 9
the mutual obligation of the parties, or their representatives; to meet together at 10
reasonable times, includi ng meetings in advance of the budget -making process; to 11
negotiate in good faith with respect to wages, hours, and other conditions of 12
employment; to negotiate an agreement; to negotiate any question arising under any 13
agreement; and to execute a written con tract incorporating any agreement reached, 14
if requested by either party. The obligation shall not be interpreted to compel either 15
party to agree to a proposal, or require either party to make a concession. 16
Section 5. KRS 70.262 is amended to read as follows: 17
(1) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 18
government or city of the first class that has adopted a merit system under KRS 19
70.260 to 70.273, deputies subject to the merit sy stem may organize, form, join, or 20
participate in organizations in order to engage in lawful concerted activities for the 21
purpose of collective bargaining or other mutual aid and protection, and to bargain 22
collectively through a representative of their own free choice. Deputies shall also 23
have the right to refrain from any or all of these activities but shall be subject to the 24
lawful provisions of any collective bargaining agreement entered into under this 25
section. Strikes by deputies of any collective barga ining unit shall be prohibited at 26
any time. 27
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(2) [Except as provided in KRS 336.130, ]In any county containing a consolidated local 1
government or city of the first class that has adopted a merit system under KRS 2
70.260 to 70.273, the sheriff shall contract with a representative of the deputies 3
described in subsection (1) of this section employed by the sheriff where the 4
representative has established representation of a majority of the deputies, with 5
respect to wages, hours, and terms and conditions of emplo yment, including 6
execution of a written contract incorporating any agreement reached between the 7
sheriff and the representative. The sheriff shall not be required to bargain over 8
matters of inherent managerial policy. 9
Section 6. KRS 78.470 is amended to read as follows: 10
[Except as provided in KRS 336.130, ] In any county in the Commonwealth of Kentucky, 11
which has a population of 300,000 or more and which has adopted the merit system, the 12
county employees in the classified service as police may organize, form, join or 13
participate in organizations in order to engage in lawful concerted activities for the 14
purpose of collective bargaining or other mutual aid and protection, and to bargain 15
collectively through representatives of their own free choice. Such employees shall also 16
have the right to refrain from any or all such activities. Strikes by said members of any 17
such collective bargaining unit shall be prohibited at any time. 18
Section 7. KRS 78.480 is amended to read as follows: 19
[Except as provided in KRS 336.130, ] In any county in the Commonwealth of Kentucky 20
which has a population of 300,000 or more and which has adopted the merit system for 21
its police force, the fiscal court may contract wi th representatives of the police employed 22
by said county with respect to wages, hours, terms and conditions of employment, 23
including execution of a written contract incorporating any agreement reached between 24
the fiscal court and representatives of the pol ice. The fiscal court shall not be required to 25
bargain over matters of inherent managerial policy. 26
Section 8. KRS 345.050 is amended to read as follows: 27
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(1) [Except as provided in KRS 336.130, ] Public employers, their representatives or 1
their agents are prohibited from: 2
(a) Interfering, restraining or coercing firefighters in the exercise of the rights 3
guaranteed in KRS 345.030; 4
(b) Dominating or interfering w ith the formation, existence or administration of 5
any labor organization; 6
(c) Discriminating in regard to hiring or tenure of employment or any term or 7
condition of employment to encourage or discourage membership in any labor 8
organization; 9
(d) Discharging or otherwise discriminating against an employee because he or 10
she has signed or filed any affidavit, petition or complaint or given any 11
information or testimony under this chapter; or 12
(e) Refusing to bargain collectively in good faith with a labor organiz ation which 13
is the exclusive representative of employees in an appropriate unit, including 14
but not limited to the discussing of grievances with the exclusive 15
representative. 16
(2) Labor organizations or their agents are prohibited from: 17
(a) Restraining or coercing: 18
1. Firefighters in the exercise of the right guaranteed in subsection (1) of 19
KRS 345.030, and 20
2. A public employer in the selection of his or her representative for the 21
purposes of collective bargaining or the adjustment of grievances; or 22
(b) Refusing to bargain collectively in good faith with a public employer, if they 23
have been designated in accordance with the provisions of this chapter as the 24
exclusive representative of firefighters in an appropriate unit. 25
(3) For the purposes of this chapter, t o bargain collectively is to carry out in good faith 26
the mutual obligation of the parties, or their representatives; to meet together at 27
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reasonable times, including meetings in advance of the budget -making process; to 1
negotiate in good faith with respect t o wages, hours and other conditions of 2
employment; to negotiate an agreement; to negotiate any question arising under any 3
agreement; and to execute a written contract incorporating any agreement reached, 4
if requested by either party. The obligation shall n ot be interpreted to compel either 5
party to agree to a proposal, or require either party to make a concession. 6
Section 9. KRS 336.1341 is amended to read as follows: 7
KRS 336.133 [, 336.134,] and 336.180 shall not apply to any deductions from a public 8
employee's wages, compensation, or earnings made by the public employer in accordance 9
with any joint wage agreement or collective bargaining contract entered into, opted into, 10
modified, renewed, or extended prior to March 29, 2023. However, any joint wage 11
agreement or collective bargaining contract entered into, opted into, modified, renewed, 12
or extended after March 29, 2023, as well as any deductions made to a public employee's 13
wages, compensation, or earnings made in accordan ce with those joint wage agreements 14
or collective bargaining contracts or otherwise made after March 29, 2023, shall comply 15
with KRS 336.133[ and 336.134]. 16
Section 10. KRS 336.135 is amended to read as follows: 17
(1) As used in this section, "employee" means any person employed by or suffered or 18
permitted to work for a public or private employer, except "employee" shall not 19
mean any person covered by the Federal Railway Labor Act and the National Labor 20
Relations Act. 21
(2) An employee shall not be enrolled as a member of a labor organization unless the 22
employee has affirmatively requested membership in writing. 23
(3) A sum shall not be withheld from the earnings of any employee for the purpose of 24
paying union dues or other fees paid by members of a labor organization or 25
employees who are non -members except upon the written or electronic 26
authorization of the employee member or employee non -member[, unless the 27
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employer is a public employer, in which case KRS 336.134 applies to that 1
employer]. 2
(4) The requirements in this section shall not be waived by any member or non -3
member of a labor organization, nor required to be waived as a condition of 4
obtaining or maintaining employment. 5
(5) Signing or refraining from signing the authorizat ion set forth in subsections (2) and 6
(3) of this section shall not be made a condition of obtaining or maintaining 7
employment. 8
(6) (a) A labor organization shall maintain financial records substantially similar to 9
and no less comprehensive than the records required to be maintained under 10
29 U.S.C. sec. 431(b). 11
(b) These records shall be kept in a searchable electronic format and provided to 12
every employee it represents. 13
(c) The records and the data or summary by which the records can be verified, 14
explained, or clarified shall be kept for a period of not less than five (5) years. 15
(d) A labor organization composed of public employees shall transmit financial 16
records detailing the labor organization's quarterly expenses to its members on 17
an annual basis. 18
(7) This section shall not apply to any agreement between employers and employees or 19
labor organizations entered into before January 9, 2017, but any such agreement 20
entered into, opted in, renewed, or extended on or after January 9, 2017, and which 21
violates this section shall be unlawful and void. 22
(8) This section shall be known as the "Paycheck Protection Act." 23
Section 11. The following KRS sections are repealed: 24
65.016 Prohibition against requiring any employer to pay emp loyee a certain wage or 25
fringe benefit. 26
336.132 Labor agreement in violation of KRS 336.130 is unlawful and void -- 27
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Exceptions. 1
336.134 Public employer prohibited from deducting from wages of any public employee 2
for charges to a labor organization or for political activities. 3