HB326 By Representatives Wilcox, Hubbard, Williams (JW), Greer, Sessions, Pringle, Ainsworth, McCutcheon, Johnson (K), Faust, Boothe, Davis, Henry, Harbison, Hill (M), Hammon, Clouse, Polizos, Moore (B), Beckman, McMillan, Holmes (M), Martin, Hill (J), Wingo, Fincher, Drake, Gaston, Sanderford, Patterson and Baker RFD State Government Rd 1 19-MAR-15

SYNOPSIS: The bill would protect employers from intimidating tactics relating to lawful rights of employers.

The bill would also prohibit mass pickets and demonstrations that interfere with access to businesses and homes and would provide misdemeanor punishment for violators.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to prohibited practices relating to employer and employee relationships; to prevent unlawful intimidation of employers or employees from exercising federal and state rights in labor negotiations in an effort to obtain something of value; to prohibit unlawful mass picketing or mass demonstrations that deny public or private access to buildings and places; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) This section shall be known and may be cited as the Prohibition Against Employer Intimidation Act.

(b) The Legislature makes the following findings:

(1) That Alabama is a right-to-work state and the state's right-to-work laws are founded on the basic principle that every individual has an inherent right to choose if he or she wants to join a union or an employee organization, and this right to choose should not impact his or her employment.

(2) The State of Alabama recognizes the importance and necessity of fostering economic development and job creation. Intimidation and coercion against any business can make the state an unwelcoming and dangerous place for new business and job growth.

(3) Intimidation, extortion, and coercion are illegal and present a substantial risk to public safety and the well-being of the state's citizens, workers, and businesses; and certain limited and reasonable restrictions are deemed necessary to protect our citizens from these harms.

(c) A person, organization, corporation, union, agency, or other entity thereof shall not:

(1) Damage, harm, injure, or threaten to injure or coerce a business, or any employee or representative of the business, with the intent to unlawfully intimidate the business or its employees from exercising their rights, which are protected by state and federal law, in an effort to obtain something of value for a public or private organization, corporation, union, agency, or other entity, including, but not limited to, a neutrality agreement, card check agreement, collective bargaining recognition, or other objective of an organized initiative.

(2) Restrict a business, a union, or the owners or employees of a business from exercising their rights, which are protected under state and federal law, in an effort to obtain something of value for a public or private organization, corporation, union, agency, or other entity.

(3) Conspire with another for the purpose of disrupting lawful commerce in places of business, where such activity constitutes an assault or causes physical injury to any individual, located in or around the place of business.

(d) For purposes of this subsection, "something of value" includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or any other objective that is motivating such activities.

(e)(1) A person, organization, corporation, union, agency, or other entity shall not intentionally or recklessly damage the business property of another when either of the following applies:

a. The property is used by its owner or possessor in the owner's or possessor's profession, business, trade, or occupation.

b. The person damages or otherwise marks the property owner's merchandise.

(2) Any person who organizes, coordinates, controls, supervises, finances, manages, aids, or abets any of the activities prohibited by subdivision (1) shall be subject to the same sanctions and legal remedies as the person, organization, union, agency, or other entity.

(f) Nothing in this section shall be construed to infringe and impede upon any individual's First Amendment rights.

(g) Violations of subsections (c)(1) or (c)(2) shall be punished as felony extortion under the state's existing criminal code. Violations of (c)(3) shall be punished as assault under the state's existing criminal code. Violations of subsection (e) shall be punished as a misdemeanor vandalism under the state's existing criminal code.

Section 2. (a) It shall be unlawful for any person, organization, corporation, union, agency, or other entity thereof, singly or in concert with others, to engage in mass picketing or mass demonstrations in such a manner as to obstruct or reasonably interfere with free ingress or egress of any person to and from any place of business or act or conduct themselves in any manner that would have the effect as to obstruct or unreasonably interfere with free of use of business entryways, streets, sidewalks, or rights-of-way adjacent or contiguous to a business or has or intends the effect of violence or intimidation, near or contiguous to the business' customers or employees.

(b) It shall be unlawful for any person, organization, corporation, union, agency, or other entity thereof, singly or in concert with others, to engage in mass picketing or mass demonstrations in such a manner as to obstruct or unreasonably interfere with free ingress or egress of any person to and from any private residences or act or conduct themselves in any manner that would have the effect to obstruct or unreasonably interfere with free use of residential driveways, streets, sidewalks, or rights-of-way adjacent to a residence, or reasonably interfere with the resident's right to quiet enjoyment, or where such picketing of a residence has or intends the effect of violence or intimidation, near or contiguous to a residence.

(c) It shall be unlawful for any person, organization, corporation, union, agency, or other entity thereof, singly or in concert with others, to use equipment or any other object to obstruct or unreasonably interfere with free ingress or egress of any person to and from any private residence or place of business, or act or conduct themselves in any manner that would have the effect as to obstruct or unreasonably interfere with free use of residential driveways, streets, sidewalks, or rights-of-way adjacent or contiguous to a residence, or as to obstruct or unreasonably interfere with free use of business entryways, streets, sidewalks, or rights-of-way adjacent to or contiguous to a business, or interfere in any other manner described in subsection (a).

(d) Each individual person guilty of violating this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500) or imprisoned in jail not more than six months, or both such fine and imprisonment.

(e) It shall be no defense to a violation of this section that an organization or individual engages in mass picketing or mass demonstrations to further an objective in the context of a labor dispute.

(f) For purposes of this section, "mass picketing" and "mass demonstration" mean a picket or demonstration that actually prevents an individual from the reasonable free ingress to and egress from an entrance to any place of employment or place of residence, either by obstructing the free ingress and egress with the person's body or by placing a vehicle or other physical obstruction for such purpose, accompanied by an act or threat of violence, intimidation or other threatening behavior. The term also includes picketing or demonstrating that prevents the pursuit of any entrance to a private residence, lawful work, or employment.

(g) If an organization or individual is engaged in mass picketing or mass demonstration at a business or private residence, the business or property owner may seek injunctive relief without the showing of irreparable harm, if the court finds the picketing to be in violation of subsections (a), (b), or (c). A person or business who is injured or threatened with injury, upon proper showing thereof, shall be afforded relief in any court of competent jurisdiction to enjoin any unlawful behavior made pursuant to this section. Nothing in this section shall be interpreted to alter or change the protections afforded under the federal labor laws, including the National Labor Relations Act or the Labor Management Relations Act.

(h) Nothing in this section shall be construed to conflict with any federal law to the contrary.

(i) Nothing in this section shall be construed to infringe and impede upon any individual's First Amendment rights.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective July 1, 2015.

Labor Relations

Employers

Employees

Labor Unions

Intimidation