00RS HB831


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HB 831/LM (BR 2309) - H. Anderson

     AN ACT relating to labor management negotiations.
     Create a new section of KRS Chapter 336 to establish definitions for purposes of collective bargaining, including public employee organization and arbitration; exclude both teachers and certified personnel of a school district and state employees holding classified positions in the classified service from the definition of public employee; define a public employer as a local government or school district only; create a 5-member, full-time State Employment Relations Board appointed by the Governor, subject to Senate confirmation, to serve 4 year terms, members to be reimbursed for necessary expenses, board authorized to hire staff, be attached to the Labor Cabinet, and perform various functions to facilitate the collective bargaining process; authorize eligible public employees to form, join, assist, participate, or refuse to participate in employee organizations; be represented by an employee organization; and to bargain collectively, excluding the right to strike; require a public employer to bargain with the exclusive bargaining representative; establish mechanism for a public employee organization to become an exclusive bargaining representative either through an election or filing a request with the board for recognition; authorize the board to make final designation of a bargaining unit; enumerate and prohibit unfair labor practices; prohibit picketing unless notice is given to the public employer; require the board to investigate and hold hearings, if necessary, to resolve allegations of unfair labor practices and authorizes the board to take affirmative action with regard to unfair labor practices including ordering reinstatement and backpay, suspension from employment, and imposition of fines, and provide that the county in which the alleged unfair labor practice occurred shall determine the appropriate Circuit Court for appeals; prohibit strikes or instigation of strikes and imposes penalties for such activity; provide for the payment of fair-share payments not to exceed 85% of dues paid by members of a public employee organization in the same bargaining unit; prescribe procedures for fair-share rebates, and require all public employee organizations seeking designation as a representative of public employees to file the same reports required by the Labor Management Reporting and Disclosure Act of 1959, as amended along with other reports deemed necessary with the board; amend various sections of KRS Chapter 78 to conform; repeal KRS Chapter 345 and sections of KRS Chapter 78 relating to collective bargaining for police officers and firefighters to conform.

     Feb 24-introduced in House
     Feb 25-to Labor and Industry (H)
     Mar 3-posted in committee

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