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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1035
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BEAN.
4493S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 290.590, RSMo , and to enact in lieu thereof one new section relating to labor
organizations, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 290.590, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 290.589, 2
to read as follows:3
290.589. 1. As used in this section, the term "labor 1
organization" means any organization of any kind or agency 2
or employee representation committee or union that exists 3
for the purpose, in whole or in part, of dealing with 4
employers concerning wages, rates of pay, hours of work, 5
other conditions of employment, or other forms of 6
compensation. 7
2. No person shall be required as a condition or 8
continuation of employment to: 9
(1) Become or refrain from becoming a member of a 10
labor organization; 11
(2) Pay any dues, fees, assessments, or other similar 12
charges however denominated of any kind or amount to a labor 13
organization; or 14
(3) In lieu of the payments listed under subdivision 15
(2) of this subsection, pay to any charity or other third 16
party any amount equivalent to, or on a pro rata basis, any 17
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dues, fees, assessments, or other charges required of 18
members of a labor organization. 19
3. Any agreement, understanding, or practice, written 20
or oral, implied or express, between any labor organization 21
and employer that violates the rights of employees as 22
guaranteed under this section is declared to be unlawful, 23
null and void, and of no legal effect. 24
4. Any person who directly or indirectly violates any 25
provision of this section shall be guilty of a class C 26
misdemeanor. 27
5. (1) Any person injured as a result of any 28
violation or threatened violation of this section shall be 29
entitled to injunctive relief against any and all violators 30
or persons threatening violations. 31
(2) Any person injured as a result of any violation or 32
threatened violation of this section may recover any and all 33
damages of any character resulting from such violation or 34
threatened violation including costs and reasonable attorney 35
fees. Such remedies shall be independent of and in addition 36
to the other penalties and remedies permitted under this 37
section. 38
6. It shall be the duty of the prosecuting attorney of 39
each county and of the attorney general of this state to 40
investigate complaints of violation or threatened violation 41
of this section and to prosecute any person violating this 42
section and to use all means at their command to ensure the 43
effective enforcement of this section. 44
7. This section shall not apply: 45
(1) To employers and employees covered by the federal 46
Railway Labor Act, as amended; 47
(2) To federal employers and employees; 48
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(3) To employers and employees on exclusive federal 49
enclaves; 50
(4) Where this section conflicts with or is preempted 51
by federal law; or 52
(5) To any collective bargaining agreement or any 53
other type of agreement between an employer and a labor 54
organization entered into before the effective date of this 55
section but shall apply to any new agreement or renewal or 56
extension of any existing collective bargaining agreement. 57
8. (1) This section shall apply only in any county 58
that adopts the provisions of this section as provided in 59
this subsection. 60
(2) (a) The governing body of each county may, by 61
order or ordinance, adopt the provisions of this section. 62
No such order or ordinance adopted under this section shall 63
become effective unless the governing body of the county 64
submits to the voters residing within the county a proposal 65
to authorize the governing body to adopt the provisions of 66
this section. Such proposal shall be submitted to the 67
voters on the next date available to the county for public 68
elections under chapter 115 after the adoption of the order 69
or ordinance by the governing body. If a majority of the 70
votes cast on the question by the qualified voters voting 71
thereon are in favor of the question, then the order or 72
ordinance shall become effective. If a majority of the 73
votes cast on the question by the qualified voters voting 74
thereon are opposed to the question, then the order or 75
ordinance shall not become effective unless and until the 76
question is resubmitted under this subdivision to the 77
qualified voters and such question is approved by a majority 78
of the qualified voters voting on the question. 79
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(b) The question submitted by a governing body 80
pursuant to this subdivision shall be in substantially the 81
following form: 82
(3) (a) The governing body of any county that has 90
adopted the provisions of this section may submit the 91
question of repeal of the adoption of the provisions of this 92
section to the voters on the next date available to the 93
county for public elections under chapter 115. If a 94
majority of the votes cast on the question by the qualified 95
voters voting thereon are in favor of the repeal, that 96
repeal shall become effective on December thirty-first of 97
the calendar year in which such repeal was approved. If a 98
majority of the votes cast on the question by the qualified 99
voters voting thereon are opposed to the repeal, then the 100
provisions of this section shall remain effective until the 101
question is resubmitted under this subdivision to the 102
qualified voters and the repeal is approved by a majority of 103
the qualified voters voting on the question. 104
(b) The question submitted by a governing body 105
pursuant to this subdivision shall be in substantially the 106
following form: 107
83
84
85
86
87
88
"Shall the County of .......... adopt the
provisions of Section 290.589, RSMo, prohibiting
any employer in the County of .......... from
requiring employees to become or refrain from
becoming a member of any labor organization as a
condition of employment?"
89 □ YES □ NO
108
109
"Shall the County of .......... repeal the ordinance
authorized by Section 290.589, RSMo, prohibiting any
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(4) (a) If the governing body of any county that has 115
adopted the provisions of this section receives a petition, 116
signed by a number of registered voters of the county equal 117
to at least ten percent of the number of registered voters 118
of the county voting in the last gubernatorial election, 119
calling for an election to repeal the adoption of the 120
provisions of this section, the governing body shall submit 121
to the voters a proposal to repeal the provisions of this 122
section on the next date available to the county for public 123
elections under chapter 115. If a majority of the votes 124
cast on the question by the qualified voters voting thereon 125
are in favor of the repeal, the repeal shall become 126
effective on December thirty-first of the calendar year in 127
which such repeal was approved. If a majority of the votes 128
cast on the question by the qualified voters voting thereon 129
are opposed to the repeal, then the provisions of this 130
section shall remain effective until the question is 131
resubmitted under this subdivision to the qualified voters 132
and the repeal is approved by a majority of the qualified 133
voters voting on the question. 134
(b) The petition submitted pursuant to this 135
subdivision shall be in substantially the following form: 136
110
111
112
113
employer in the County of .......... from requiring
employees to become or refrain from becoming a
member of any labor organization as a condition of
employment?"
114 □ YES □ NO
137
138
139
140
"Shall the County of .......... repeal the ordinance
authorized by Section 290.589, RSMo, prohibiting any
employer in the County of .......... from requiring
employees to become or refrain from becoming a
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[290.590. 1. As used in this section, the 1
following terms shall mean: 2
(1) "Employer", any individual, 3
organization, partnership, state agency, 4
political subdivision, corporation, or other 5
legal entity which employs or has employed one 6
or more individuals performing services for the 7
entity within this state; and 8
(2) "Labor organization", any organization 9
of any kind or agency, or employee 10
representation committee or union which exists 11
for the purpose in whole or in part of dealing 12
with employers concerning wages, rates of pay, 13
hours of work, other conditions of employment, 14
or other forms of compensation. 15
2. No person shall be required as a 16
condition or continuation of employment to: 17
(1) Become, remain, or refrain from 18
becoming a member of a labor organization; 19
(2) Pay any dues, fees, assessments, or 20
other similar charges however denominated of any 21
kind or amount to a labor organization; or 22
(3) In lieu of the payments listed under 23
subdivision (2) of this subsection, pay to any 24
charity or other third party any amount 25
equivalent to, or on a pro rata basis, any dues, 26
fees, assessments, or other charges required of 27
members of a labor organization. 28
3. Any agreement, understanding, or 29
practice, written or oral, implied or expressed, 30
between any labor organization and employer that 31
violates the rights of employees as guaranteed 32
under this section is unlawful, null and void, 33
and of no legal effect. 34
4. Any person who violates or directs 35
another to violate any provision of this section 36
shall be guilty of a class C misdemeanor. 37
141
142
member of any labor organization as a condition of
employment?"
143 □ YES □ NO
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5. (1) Any person injured as a result of 38
any violation or threatened violation of this 39
section shall be entitled to injunctive relief 40
against any and all violators or persons 41
threatening violations. 42
(2) Any person injured as a result of any 43
violation or threatened violation of this 44
section may recover any and all damages of any 45
character resulting from such violation or 46
threatened violation including costs and 47
reasonable attorney fees. Such remedies shall 48
be independent of and in addition to the other 49
penalties and remedies prescribed under this 50
section. 51
6. The prosecuting attorney or circuit 52
attorney with jurisdiction over the location 53
where a violation or threatened violation of 54
this section occurs or the attorney general of 55
this state shall investigate complaints of 56
violation or threatened violation of this 57
section, prosecute any person violating this 58
section, and use all means at their command to 59
ensure the effective enforcement of this section. 60
7. This section shall not apply: 61
(1) To employers and employees covered by 62
the federal Railway Labor Act; 63
(2) To federal employers and employees; 64
(3) To employers and employees on 65
exclusive federal enclaves; 66
(4) Where this section conflicts with or 67
is preempted by federal law; or 68
(5) To any agreement between an employer 69
and a labor organization entered into before 70
August 28, 2017, but shall apply to any such 71
agreement upon its renewal, extension, 72
amendment, or modification in any respect after 73
August 28, 2017.] 74
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