[21-20] San Andreas Labor Relations Act 2020

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[21-20] San Andreas Labor Relations Act 2020

Post by Toretto » Fri May 29, 2020 8:23 am

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SUBMITTED BY: Senator Park
SPONSORED BY: Senator Park, Senator Moreno
SENATE BILL N°13-20





San Andreas Labor Relations Act 2020

An Act to Protect and Enforce Workers Rights in the State of San Andreas.


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:


  • TITLE I. LABOR RELATIONS

    • Section 1. Definitions
      1. "Labor Union" refers to an organized association of workers, often in a trade or profession, formed to protect and further their rights and interests.
      2. “Collective bargaining” refers to negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization.
      3. "Good faith" means that both parties must be willing to meet each other's wishes when negotiating a contract.
      4. "Strikes" refer to a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances.
      5. "Discrimination" refers to changing the terms of an employee's employment, any form of discipline, changing an employee's role or responsibility within an institution or preventing an employee from advancing within an institution.
      6. “Labor Committee” is charged with conducting elections for labor union representation and investigating and remedying unfair labor practices through hearings and other such matters.
      7. "Institution" refers to an officially registered business under the San Andreas State Government's Bureau of Licensing or a San Andreas State Agency.

    • Section 2. Establishment of Labor Unions
      1. Labor unions may represent both private and public employees. Only employees who occupy senior management positions within an institution may not unionize and cannot be represented by a labor union.
      2. Labor unions must initially be registered as organizations by the San Andreas State Government's Bureau of Licensing. For a labor union to become registered, the labor union must be proposed to represent a specific institution. The registration must be sponsored by an employee of the same institution.
      3. An employee of an institution may only sponsor ONE (1) labor union registration every FOURTEEN (14) day period.
      4. If a labor union registration is successful, it must become recognized by the institution and the Labor Committee. A vote to decide whether the employees wish to be represented by the proposed labor union, thereby becoming recognized, will take place.
        1. If an institution employs more than TEN (10) employees, for a labor union to be recognized by its employer and the LRC, 20% or more of the workforce must vote in favour of becoming represented by the proposed labor union.
        2. If an institution employs TEN (10) employees or less, for a labor union to be recognized by its employer and the Labor Committee, more than 50% of the workforce must vote in favour of becoming represented by the proposed labor union.
        3. Voting will take place over a SEVENTY TWO (72) hour period.
        4. All employees will be granted the ability to cast ONE (1) vote, either in favour or against the proposed labor union. Any votes which are not cast will be treated as being against the proposed labor union.
      5. If successful in becoming recognized, a proposed labor union must elect a president to represent the union for a FOUR (4) month term.
        1. Candidates for president must submit their intention to stand as president to the Labor Committee.
        2. Candidates for president may not be in a senior management position of the institution for which the labor union will represent.
        3. Candidates for president in state agencies may not hold a probationary rank within the agency. A probationary rank is characterised as the lowest rank the state agency uses across the entire agency.
        4. Voting will take place over a SEVENTY TWO (72) hour period.
        5. All employees will be granted the ability to cast ONE (1) vote per candidate.
        6. Voting shall take place in one round. The candidate with the largest number of votes shall be declared the winner. In the event of a tie, additional rounds shall be conducted until a candidate achieves a majority.
        7. If no candidates submit an intention to run as president, the proposed labor union shall be dissolved and shall have to wait FOURTEEN (14) days before attempting registration again.
        8. After the end of the president's term, elections must commence once more under the same regulations as laid out in Section 2, Sub-Section E.
      6. If a president is successfully elected, a labor union will become certified by the Labor Committee.
      7. Once certified, a union president may begin allowing employees to register as labor union members.
      8. No individual may attempt to fraudulently manipulate the results of a labor union recognition election, a labor union presidential election or a strike ballot. Such actions would nullify the results of the election or ballot.
      Section 3. Collective Bargaining
      1. If the Labor Committee certifies a labor union, the labor union becomes the exclusive bargaining representative of the employees.
      2. When a labor union is certified, it may demand to bargain with the employer and negotiate new terms or conditions of employment.
      3. Demand to bargain with the employer must be taken seriously and both sides must bargain in "good faith."
      4. State agencies may only refuse to bargain over disputes involving wages and disciplinary action.
      5. Any contracts negotiated between an employer and a union shall be legally binding in the Courts of San Andreas, providing they do not violate any existing statutes.
      Section 4. Strikes
      1. When collective bargaining yields no result, the labor union may call a strike against their employer in order to pressure them into concessions.
      2. The right to strike is guaranteed by the San Andreas Labor Relations Act 2020, within limits, and strike activities, such as picketing, are protected by the free speech guarantee of the First Amendment to the U.S. Constitution.
      3. Strike action may only be taken if 20% or more of the institution's labor union members are in favour. If this is the case, then the president of the labor union must submit the names of the employees who are in favour of strike action to the Labor Committee, who will then deem whether or not strike action may be permitted.
      4. Strike action may be ended if the Labor Committee determines that strike action has decreased substantially since the beginning of the strike. In addition, the union president may call an end to a strike.
      5. Employers are permitted to hire replacement workers to substitute for the workers who are on strike.
      6. Employees are not guaranteed employment within the institution once they have finished striking. However, if the employer has not hired replacement workers to fill the strikers' positions, then the employer must rehire the economic strikers to fill any vacancies.
      7. Replacement workers must complete the standard recruitment process that was in place at the time of the strike being called.
      8. Employees of the Los Santos Police Department, the Los Santos County Sheriff's Department, the San Andreas Department of Corrections and the Los Santos Fire Department may not strike in emergency and life threatening situations, however, may strike on non-emergency administrative tasks.
      9. Strikes may be dispersed by law enforcement agencies if there is sufficient reason to believe there is a reasonable likelihood of imminent and widespread violence.
      10. Strikes conducted outside of the 'Free Speech Zones' as detailed in the Helping Overcome Oppression and Validating Essential Rights Act of 2013 (The Hoover Acts) shall require a permit authorised by the San Andreas State Government.
      11. An employee does not have to be a member of an institution's labor union to participate in a strike.
      12. The LRC shall give an employer 24 hours notice prior to strike action being permitted under the provisions of this Act. No employee may engage in strike action during the 24 hour notice period.
      13. Employees may not strike for a period longer than 48 hours. A FIVE (5) day period (120 hours) must then pass before an employee may strike again.
      14. No employee may commit illegal acts whilst engaging in a strike.
      Section 5. Employee and Employer's Rights
      1. Employees shall be afforded protection from having their contracts terminated on the basis of union activities if their institution is represented by a labor union, even if they are employed at-will. It should be noted that all at-will employees are currently protected from dismissal in circumstances listed under the Anti-Discrimination Act of 2020.
      2. Employees who are in institutions that are not represented by a labor union are not protected by the provisions of this Act. However, institutions with no labor union representation may not discriminate against employees for wishing to form a labor union or taking steps to unionize.
      3. Employers may not refuse to engage in collective bargaining with their institution's labor union, except if the request relates to any exception detailed in Section 3, Sub-Section D, and should make reasonable attempts to engage in collective bargaining negotiations at the earliest convenience.
      4. Employers may not utilise 'yellow-dog' contracts or clauses, forbidding employees from joining a labor union.
      5. Employers may not attempt to interfere with the formation or administration of a labor union.
      6. Employers may not discriminate against labor union members whom file charges or testify against their employer.
      7. Employers may not discriminate against employees who wish to strike, former strikers, and those who are rehired retain their seniority rights.
      8. Employees may not be discriminated against by an employer for not wishing to engage in labor union related activities.
      Section 6. Labor Union Regulations
      1. Labor unions must provide records of all financial transactions and any contracts agreed between employers to the Labor Committee who shall reserve the right to publish any of these records in the public domain.
      2. Labor union members may assist their union president in operating a labor union.
      3. Labor unions may not proceed with strike action without permission from the Labor Committee.
      4. Labor unions may only use union funds to:
        1. Pay labor union members their contracted salary when striking.
        2. Purchase advertisements to promote their labor union.
        3. Finance labor union events.
        4. Employ contracted labor union officials.
        5. Maintain and develop labor union facilities.
        6. Hire legal professionals in civil disputes.
        7. Finance political campaigns.
      5. Labor union presidents shall be responsible for:
        1. Leading collective bargaining negotiations.
        2. Conducting strike ballots.
        3. Managing union finances.
        4. Liaising with the Labor Committee.
        5. Maintaining an up-to-date membership roster.
      6. Labor union membership shall be conducted on an open shop basis, with membership being voluntary.
      Section 7. Offences and Sanctions
      1. The following offences may be punished through a civil penalty as imposed by the San Andreas Supreme Court.
      2. Improper Labor Practice on Behalf of an Employer. Any employer that violates any of the provisions detailed in Section 3, Section 4 or Section 5 shall be deemed guilty of this offence.
      3. Improper Labor Practice on Behalf of an Employee. Any employee that violates any of the provisions detailed in Section 4 shall be deemed guilty of this offence.
      4. Improper Labor Practice on Behalf of a Labor Union. Any labor union that violates any of the provisions detailed in Section 6 shall be deemed guilty of this offence.
        1. In addition to the aforementioned civil penalty, a labor union found guilty of committing improper labor practices may be de-certified by the Labor Committee.
      Section 8. Enforcement
      1. The Committee shall be established as the institution responsible for enforcing the provisions of the San Andreas Labor Relations Act 2020 as set out in the San Andreas Labor Code 2020 and any other labor laws.
      2. The Labor Committee will be a four person committee and a Chairman.
      3. The Labor Committee will also be responsible for holding hearings with employers, employees, union members and other public figures to help identify and fix potential issues facing the workforce in the State of San Andreas. With these hearings in place, the Committee can offer their findings to the State Senate by way of amendments, new laws or re-shifting of government funding. The State Senate would then vote on these suggestions given by the Committee.
      4. The Labor Committee is permitted to engage in arbitration in cases where an alleged breach of the San Andreas Labor Relations Act 2020 has occurred. If an employer, employee or labor union believes one another has breached the provisions of this bill, they must provide the
        Labor Committee with details of the alleged offence. The Labor Committee shall ultimately decide if an offence has taken place and if any sanctions are required to remedy the offence. The process of arbitration shall be:
        1. An employer, employee or labor union submits a complaint to the Labor Committee, or the Labor Committee receives information regarding an alleged breach of the San Andreas Labor Relations Act 2020 .
        2. The Labor Committee conducts a preliminary investigation into the matter to establish the key points of contention.
        3. The Labor Committee discusses the offence with the affected parties.
        4. The Labor Committee votes on whether or not an offence has occurred. A majority committee members must vote in favour of issuing an offence for it to apply.
        5. If an offence is deemed valid, the Labor Committee must consult with a San Andreas Superior Court Justice who will be authorised to issue to a civil penalty.
      5. If an employer, employee or labor union refuses to abide by the ruling of the Labor Committee in relation to a dispute, then the Labor Committee's ruling shall be voided. If an employer, employee or labor union accepts the sanction against them, then the sanction will apply. In cases where a sanction is voided, The Labor Committee shall be permitted to challenge the employer, employee or labor union through the San Andreas Superior Court, who may choose to impose a sanction without the consent of the affected party/parties.
      6. In addition, an employer, employee or labor union may challenge the Labor Committee through the San Andreas Superior Court if they believe theLabor Committee's decision not to impose a sanction was incorrect.
      7. Legal action should only be used as a last resort in instances where all other processes have been exhausted.

    • TITLE II. LABOR RELATIONS CODE

      Section 1 - Overview

      This document, the San Andreas Labor Code 2020, is an extension of the San Andreas Labor Relations Act 2020.

      Section 2 - San Andreas Labor Relations Committee (LRC)

      The San Andreas Labor Relations Committee (LRC), commonly refered to as the Labor Relations Committee or the LRC, is the governing body that regulates the activities of labor unions in the State of San Andreas.

      The LRC is chaired by a General Counsel whom is assisted by three committee members. All members are nominated by the Lieutenant Governor, or Secretary of State, and must be approved by the State Senate. All members serve four month terms.

      All decisions made by the the LRC require a majority of committee members to vote in favour for the decision to be accepted. In the event of a tie, the General Counsel shall be compelled to vote in favour or against the proposed motion.

      Section 3 - Enforcement and Arbitration Process

      The San Andreas Labor Relations Committee shall perform the following functions:
      • Conducting and arranging union recognition elections and union presidential elections.
      • Ensuring the legitimacy of union recognition elections, union presidential elections and strike ballots.
      • Monitoring the behaviour of employees, employers and labor unions to ensure they do not violate the San Andreas Labor Relations Act 2020.
      3.1. Union Registration

      The San Andreas State Government shall be responsible for ensuring unions are registered to the criteria as detailed in Section 2 of the San Andreas Labor Relations Act 2020.

      3.2. Union Recognition Elections

      The LRC shall arrange union recognition elections as detailed in Section 2, Sub-Section D of the San Andreas Labor Relations Act 2020. They must simultaneously maintain the legitimacy of these elections.

      3.3. Union Presidential Elections

      The LRC shall arrange union presidential elections as detailed in Section 2, Sub-Section D of the San Andreas Labor Relations Act 2020. They must simultaneously maintain the legitimacy of these elections.

      3.4. Strike Ballots

      The LRC must review all strike ballots conducted by union presidents to ensure they adhere to the regulations as laid out in Section 4 of the San Andreas Labor Relations Act 2020.

      3.5. Improper Labor Practice

      The LRC must monitor employee, employer and labor union behaviour to ensure that all parties abide by the San Andreas Labor Relations Act 2020 and shall also investigate complaints made against employees, employers and labor unions in relation to the provisions of the Act.

      3.6. Strikes

      The LRC shall oversee the process of striking, as laid out in Section 4 of the San Andreas Labor Relations Act 2020. This shall include authorising strikes after a strike ballot has been conducted, informing employers and unions of the 24 hour notice period and confirming the end of a strike.

      3.7. Arbitration

      The LRC shall engage in a process of arbitration in the event of an employer, employee or labor union violating the provisions of the San Andreas Labor Relations Act 2020. The process shall be as follows:
      • The LRC conducts a preliminary investigation into the matter to establish the key points of contention.
      • The LRC discusses the offence with the affected parties to obtain statements in relation to the key points of contention.
      • Once in possession of the facts of the preliminary investigation and the statements of the affected parties, The LRC votes on whether or not an offence has occurred.
      • If an offence is deemed valid, the LRC must consult with a San Andreas Superior Court Justice who will be authorised to issue to a civil penalty.
      If an employer, employee or labor union disputes the ruling of the LRC, then the decision shall be voided. The LRC is permitted to attempt to enforce the original decision by entering the case to the San Andreas Superior Court. An employer, employee or labor union may also dispute the LRC's decision in cases where the LRC has found a party innocent of any offences.

      Section 4 - Offences

      4.1. Improper Labor Practice on Behalf of an Employer

      This offence relates to violations of Section 3, Section 4 or Section 5 of the San Andreas Labor Relations Act 2020 by an employer. As such, activities that would constitute improper labor practice on behalf of an employer include:
      • Discriminating against an employee based on their participation in union activities.
      • Discriminating against an employee who wishes to form a union, supports the formation of a union or makes steps towards forming a union.
      • Discriminating against an employee who files charges or testifies against their employer.
      • Discriminating against employees who wish to strike or former strikers.
      • Discriminating against employees who do not wish to form a union or engage in union activities.
      • Refusing to engage in collective bargaining with a union, except in instances where the bargaining relates to wages or disciplinary action.
      • Imposing 'yellow-dog' contracts (forbidding union membership) on employees as a condition of employment.
      • Interfering with the formation or administration of a union.
      • Firing employees who have finished striking or failing to restore their seniority rights when replacement workers have not yet been employed.
      • Failing to have replacement workers complete the standard recruitment process that was in place at the time of the strike being called.
      • Failing to bargain in "good faith".
      • Attempting to fraudulently manipulate the results of a union recognition election, a union presidential election or a strike ballot.
      4.2. Improper Labor Practice on Behalf of an Employee

      This offence relates to violations of Section 4 of the San Andreas Labor Relations Act 2020 by an employee. As such, activities that would constitute improper labor practice on behalf of an employee include:
      • Engaging in a strike that has not been authorised by the LRC.
      • Engaging in a strike during the 24 hour notice period.
      • Engaging in a strike without a permit from the San Andreas State Government if the strike is conducted outside the 'Free Speech Zones', as detailed in the Helping Overcome Oppression and Validating Essential Rights Act of 2013 (The Hoover Acts).
      • Committing illegal acts whilst engaging in a strike.
      • Attempting to fraudulently manipulate the results of a union recognition election, a union presidential election or a strike ballot.
      4.3. Improper Labor Practice on Behalf of a Labor Union

      This offence relates to violations of Section 4 of the San Andreas Labor Relations Act 2020 by a labor union. As such, activities that would constitute improper labor practice on behalf of a labor union include:
      • Imposing mandatory union dues on union members.
      • Proceeding with strike action without authorisation from the LRC.
      • Using union funds for purposes not detailed in Section 6, Sub-Section E of the San Andreas Labor Relations Act 2020.
      • Failing to uphold the duties specified in Section 6, Sub-Section F of the San Andreas Labor Relations Act 2020.
      • Attempting to fraudulently manipulate the results of a union recognition election, a union presidential election or a strike ballot.
      Section 5 - Sanctions

      Any individual or institution found guilty of Improper Labor Practice on Behalf of an Employer, Improper Labor Practice on Behalf of an Employee or Improper Labor Practice on Behalf of a Labor Union may be issued a financial penalty. Such a financial penalty would need to be authorised by a Justice of the San Andreas Superior Court.
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      ______________________
      Jerry Richardson
      Governor of San Andreas
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