Public sector bargaining.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0250

HOUSE BILL
NO.
HB0058

Public sector bargaining.

Sponsored by:

Representative(s) Kroeker

A BILL

for

AN ACT relating to
labor relations; prohibiting collective bargaining by public sector employees; declaring legislative intent; providing definitions; prohibiting strikes by public sector employees; repealing provisions for collective bargaining by firefighters;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 27
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10
‑
201 through 27
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10
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204 are created to read:

CHAPTER 10
PUBLIC SECTOR LABOR RELATIONS

ARTICLE 2
IN GENERAL

27
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10
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2
01.

Declaration of public policy
; definitions
.

(a)

It is hereby declared to be the public policy of the state of Wyoming to promote harmonious, peaceful and cooperative relationships in governmental service between public employers and their employees and to protect the public by assuring effective and orderly operations of government.

This
policy is best effectuated by prohibiting collective bargaining in the public sector.

(b)

For purposes of this chapter “public employee” means an employee of the state of Wyoming or any of its local governmental entities or other political subdivisions.

27
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10
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2
02.

Public-sector collective bargaining prohibited.

(a)

No officer, agent or governing body of the state of Wyoming or any of its local governmental entities or other political subdivisions is vested with or possesses any authority to recognize any labor organization, union or other employee organization as a bargaining agent of any
public employees, or to collectively bargain or enter into any collective bargaining contract with any such organization or its agents concerning grievances, labor disputes, rates of pay, hours of employment, conditions of work or with respect to any other matter relating to
those
employees or their employment or governmental service.

(b)

Any agreement or contract entered into or extended in violation of subsection (a) after July 1, 2012 is illegal, void and of no effect.

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10
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2
03.

Public employee rights.

(a)

No public employee may be denied the right to be a member of an organization of employees or be intimidated or coerced in a decision to communicate or affiliate with such an organization. Public employees may not be represented by employee organizations to negotiate collectively with their public employers in the determination of their terms and conditions of employment.

(b)

No state or local government entity may require any person to become or remain a member of any labor organization, or to pay or refrain from paying any dues,
fees or other charges of any kind to any labor organization, as a condition of employment or continuation o
f
employment.

(c)

Any person injured or threatened with injury by any action or conduct prohibited by this section shall, notwithstanding any other law to the contrary, be entitled to damages and injunctive relief therefrom, including attorneys’ fees and costs.

27
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10
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2
04.

Public employee strikes prohibited.

(a)

It shall be unlawful for public employees to strike. If a strike occurs, the public employer may initiate, in the county where the strike occurs, an action for injunctive relief.

(b)

It shall be unlawful for any public employer to:

(i)

Authorize, consent to or condone any strikes;

(ii)

Pay or agree to pay a public employee for any day in which the employee participates in a strike;
or

(iii)

Pay or agree to pay any increase in compensation or benefits to any public employee in response to or as a result of any strike or any act which violates this act.

(c)

It shall be unlawful for any official, director or representative of any public employer to authorize, ratify

or participate in any violation of this section.

(
d
)

A public employer may withhold some or all the wages otherwise due an employee who elects to participate in a strike in violation of this subsection.

Section 2.
W.S. 27
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10
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101 through 27
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10
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109 are repealed.

Section 3.
This act is effective July 1, 2012.

(END)

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HB0058