2005 Regular Session
By: Senator(s) White
AN ACT TO PROVIDE A STATE POLICY ON LABOR RELATIONS MATTERS AND EMPLOYEE FREEDOM OF CHOICE; TO PROHIBIT ANY STATE OR LOCAL GOVERNMENT FROM ENACTING A REGULATION OR ORDINANCE WHICH INTERFERES WITH EMPLOYERS' AND EMPLOYEES' FULL EXERCISE OF THEIR RIGHTS AS PROVIDED UNDER THE FEDERAL LABOR LAWS; TO PROVIDE APPROPRIATE REMEDIES FOR ANY INFRINGEMENT ON THOSE RIGHTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It is the declared public policy of this state that employees freely exercise an informed choice concerning whether or not they wish to be represented by labor organizations, and this free and informed choice is achieved by providing employers' full freedom to act to the maximum extent allowed by the federal labor laws. The Legislature finds that the federal government enacted over the course of several years, the Labor Management Relations Act and the National Labor Relations Act (the "Acts") for, inter alia, the purpose of protecting the rights of employees to choose whether or not to be represented by labor organizations; and whereas, private employers, their employees and labor organizations are private parties, and the relationships formed between employers, employees and labor organizations are agreements between private parties, and this state's Constitution prohibits local governments from regulating relationships between or among private parties. The Legislature further finds that local government interference in employers' and employees' exercise of their rights under the Acts disrupts commerce by creating different standards for conducting business in different locales throughout the state and adversely affects the economic welfare of the state as a whole.
(2) Any agreement, contract, understanding or practice, written or oral, implied or expressed, between any employer and any labor organization in violation of the provisions of this section is hereby declared to be unlawful, null and void, and of no legal effect.
(3) No state agency or local governmental body may pass any law, ordinance or regulation, or impose any contractual, zoning, permitting, licensing or other condition on employers' or employees full freedom to act under the federal labor laws. Such prohibited actions shall, include, but not be limited to:
(a) Conditioning any purchase, sale, or lease, or other business or commercial transaction between any employers on waiver or limitation of any right those employers may have under the federal labor laws.
(b) Conditioning any regulatory, zoning, permitting, licensing or any other governmental requirement with any employer on waiver or limitation of any right the employer may have under the federal labor laws.
(c) Enacting any ordinance, regulation or other action that waives or limits any right the employer may have under the federal labor laws.
(d) Conditioning or requiring any employer to not deal with another employer on waiver or limitation of any right either employer may have under the federal labor laws.
(4) An employer or employee is entitled to and shall receive injunctive relief necessary to prevent any violations of this section.
(5) For purposes of this section:
(a) "Employer" means a person, association, legal or commercial entity receiving services from an employee and, in return, giving compensation of any kind to such employee.
(b) "Federal labor laws" means the National Labor Relations Act and the Labor Management Relations Act, hereinafter collectively referred to as "the Acts," Presidential Executive Orders issued relating labor/management or employee/employer issues and the United States Constitution as amended and as construed by the federal courts. The rights protected under the federal labor laws, include, but are not limited to:
(i) An employer's or employee's right to express views on unionization and any other labor relations issues to the full extent allowed by the First Amendment of the United States Constitution and Section 8(c)of the National Labor Relations Act.
(ii) An employer's right to demand, and an employee's right to participate in, a secret ballot election under the federal labor laws, including without limitation, the full procedural protections afforded by the federal labor laws for defining the unit, conducting the election campaign and election, and making any challenges or objections thereto.
(iii) An employer's right to not release employee information to the maximum extent allowed by the federal labor laws.
(iv) An employee's right to maintain the confidentiality of his or her employee information to the maximum extent allowed by the federal labor laws.
(v) An employer's right to restrict access to its property or business to the maximum extent allowed by the federal labor laws.
(c) "Governmental body" means any local government or its subdivision, including, but not limited to, cities, counties, municipalities and any public body, agency, board, commission or other governmental, quasi governmental or quasi public body or any body that acts or purports to act in a commercial, business, economic development or like capacity of local government or its subdivision.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.