Senate Bill 2797

(As Passed the Senate)

AN ACT TO CREATE THE "MISSISSIPPI EMPLOYMENT FAIRNESS ACT"; TO PROVIDE THAT NO LAW, ORDINANCE, OR REGULATION SHALL IMPOSE ANY CONTRACTUAL, ZONING, PERMITTING, LICENSING OR OTHER CONDITION THAT REQUIRES ANY EMPLOYER OR EMPLOYEE TO WAIVE THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT; TO PROVIDE THAT ANY AGREEMENT, CONTRACT, UNDERSTANDING OR PRACTICE, WRITTEN OR ORAL, IMPLIED OR EXPRESSED, BETWEEN ANY EMPLOYER AND ANY LABOR ORGANIZATION REQUIRED IN VIOLATION OF THIS SECTION IS DECLARED TO BE UNLAWFUL, NULL AND VOID, AND OF NO LEGAL EFFECT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Employment Fairness Act."

SECTION 2. Employers and employees alike benefit from consistent and established standards regulating fair employment practices. Existing federal and state laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Genetic Information Nondiscrimination Act; which seek to protect individuals from discrimination in employment while also providing appropriate due process to employers; and without limiting the employers ability to maintain a secure, safe and productive workplace.

Mississippi is a right-to-work state, which is governed by the right-to-work laws. Such laws are premised on the belief of free choice whereby employees have a right to freely decide whether to join, be represented by, or financially support a union or employee organization. A labor neutrality agreement is used as a tool to pressure company ownership and management to agree to union demands before ever approaching employees, which is unfair to the employer as well as the employee or potential employee. This state recognizes that these agreements have become increasingly common in recent years. As a result of this increase, the need to regulate the use of such agreements is necessary to ensure that both the employer and employee are treated in the fairest way possible.

SECTION 3. For purpose of this act, the following words shall have the following meaning, unless the context clearly describes otherwise:

(a) "Employee" means a natural person who performs services for an employer for valuable consideration, and does not include a self-employed independent contractor.

(b) "Employers" means a person, association, or legal or commercial entity receiving services from an employee and, in return, giving compensation of any kind to such employee.

(c) "Discrimination" means when an employer takes an action or makes a distinction adversely affecting an employee or job applicant based on the group, class, or category to which that person belongs.

(d) "Federal labor laws" means the National Labor Relations Act, compiled in 29 USCS, Section 151 et seq., and the Labor Management Relations Act, compiled in 29 USCS, Section 141 et seq., as amended, presidential executive orders, and federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution as amended.

(e) "Multiemployer association" means a bargaining unit composed of independent employers who associate together to negotiate jointly with one (1) or more labor organizations representing the employees of the independent employers within the bargaining unit.

(f) "State" means the State of Mississippi and municipalities, counties, agencies and political subdivisions of this state.

SECTION 4. (1) No law, ordinance, or regulation shall impose any contractual, zoning, permitting, licensing or other condition that requires any employer or employee to waive their rights under The National Labor Relations Act, compiled in 29 USCS, Section 151 et seq.

(2) No law, regulation, or ordinance shall require, in whole or in part, an employer or multiemployer association to accept or otherwise agree to any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer or multiemployer association's rights to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; however, this subsection shall not invalidate or otherwise restrict the state from requiring the use of project labor agreements to the extent permissible under federal labor laws.

(3) This section shall be interpreted and enforced consistent with the National Labor Relations Act, compiled in 29 USCS, Section 151 et seq.

(4) Any agreement, contract, understanding or practice, written or oral, implied or expressed, between any employer and any labor organization required in violation of this section is declared to be unlawful, null and void, and of no legal effect.

(5) An employer or employee may seek injunctive relief in the chancery court of Hinds County, Mississippi, to prevent the state from violating this section.

SECTION 5. (1) No plans, specifications or contract documents issued pursuant to any public purchasing law of this state shall:

(a) Require a bidder, contractor or subcontractor to enter into or comply with an agreement with a labor organization on the same or a related public works project;

(b) Discriminate against a bidder, contractor or subcontractor for refusing to enter into, remain signatory to, or comply with an agreement with a labor organization on the same or a related public works project; or

(c) Require a bidder, contractor or subcontractor to enter into or comply with an agreement that requires an employee of the bidder, contractor or subcontractor, as a condition of employment, to do either of the following:

(i) Become a member of or become affiliated with a labor organization; or

(ii) Over the objection of an employee, pay dues or fees to a labor organization that exceeds the employee's share of the labor organization's cost relating to collective bargaining, contract administration, or grievance adjustment.

(2) A bidder, contractor or subcontractor has a cause of action to challenge the award of a public works contract that violates any part of this section.

(3) A bidder, contractor or subcontractor that prevails in an action under this section is entitled to the following relief:

(a) A declaration that the provisions of the public contract that violate the section herein are void;

(b) Costs and attorneys' fees; and

(4) This section does not prohibit an employer or any other person covered by the National Labor Relations Act compiled in 29 USCS, Section 131 from entering into agreements or engaging in any other activity protected by law. This section may not be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act.

(5) Relief that would interfere with the labor relations of persons covered by the National Labor Relations Act may not be granted under this section.

SECTION 6. This act shall take effect and be in force from and after July 1, 2014.