0001|                            HOUSE BILL 978
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           ANNA MARIE CROOK
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO EMPLOYMENT; ENACTING THE RIGHT-TO-WORK ACT;
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0012|     PROHIBITING CERTAIN ACTS; PROVIDING FOR INVESTIGATION AND
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0013|     ENFORCEMENT; PROVIDING A PENALTY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "Right-to-Work Act". 
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0018|          Section 2.  PUBLIC POLICY.--It is the public policy of New
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0019|     Mexico that all persons shall have and shall be protected in
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0020|     the exercise of the right, freely and without fear of penalty
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0021|     or reprisal, to form, join or assist labor organizations or to
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0022|     refrain from any such activities.
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0023|          Section 3.  DEFINITION.--As used in the Right-to-Work Act,
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0024|     "labor organization" means any organization, agency or employee
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0025|     representation committee of any kind that exists for the
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0001|     purpose, in whole or in part, of dealing with employers
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0002|     concerning wages, rates of pay, hours of work or other
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0003|     conditions of employment.
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0004|          Section 4.  MANDATORY MEMBERSHIP AND FEES PROHIBITED.--No
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0005|     person shall be required, as a condition of employment, to
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0006|     become or remain a member of any labor organization or to pay
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0007|     any dues, fees, assessments or other charges of any kind to a
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0008|     labor organization.
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0009|          Section 5.  ORGANIZATION APPROVAL PROHIBITED.--No employer
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0010|     shall require any person to be recommended or approved by, or
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0011|     to be cleared through, any labor organization as a condition of
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0012|     employment or continuation of employment.
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0013|          Section 6.  CERTAIN AGREEMENTS ILLEGAL.--Any agreement,
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0014|     understanding or practice, written or oral, implied or
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0015|     expressed, between any employer and any labor organization that
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0016|     is in violation of the Right-to-Work Act is unlawful.
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0017|          Section 7.  VOLUNTARY CHECKOFF.--No employer shall deduct
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0018|     from the wages, earnings or compensation of an employee any
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0019|     union dues, fees, assessments or other charges to be held for
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0020|     or paid to a labor organization, unless the employer has first
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0021|     received a written authorization for the deduction signed by
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0022|     the employee, which authorization may be revoked by the
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0023|     employee at any time by giving written notice of such
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0024|     revocation to the employer.
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0025|          Section 8.  INVESTIGATION.--It shall be the duty of the
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0001|     attorney general and of every district attorney to investigate
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0002|     any complaints of violations of the Right-to-Work Act and to
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0003|     prosecute any person suspected of violating that act.
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0004|          Section 9.  ENFORCEMENT.--If, as a result of
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0005|     investigation, a district attorney or the attorney general has
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0006|     good cause to believe that any person is violating or will
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0007|     violate any provision of the Right-to-Work Act, the district
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0008|     attorney or attorney general may bring an action for injunctive
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0009|     or other appropriate relief in the district court for the
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0010|     county in which the violation is occurring or will occur, or in
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0011|     the district court for Santa Fe county.
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0012|          Section 10.  PENALTY.--Any person who violates any
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0013|     provision of the Right-to-Work Act is guilty of a misdemeanor
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0014|     and upon conviction shall be subject to a fine not to exceed
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0015|     one thousand dollars ($1,000) or imprisonment for not more than
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0016|     ninety days, or both.
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0017|          Section 11.  APPLICATION OF ACT.--The provisions of the
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0018|     Right-to-Work Act shall not apply to any contract or agreement
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0019|     between an employer and a labor organization in force upon the
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0020|     effective date of that act but shall apply to any renewal or
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0021|     extension of the contract or agreement, or to any new contract
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0022|     or agreement entered into after the effective date of that act.
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0023|          Section 12.  SEVERABILITY.--If any part or application of
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0024|     the Right-to-Work Act is held invalid, the remainder or its
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0025|     application to other situations or persons shall not be
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0001|     affected.
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0002|                              
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