Bill Text: AZ SB1063 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Unions; employer bargains; prohibitions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - Referred to Senate GR Committee [SB1063 Detail]
Download: Arizona-2012-SB1063-Introduced.html
|
REFERENCE TITLE: unions; employer bargains; prohibitions |
|
State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
|
|
SB 1063 |
|
|
|
Introduced by Senator Klein
|
AN ACT
amending title 23, chapter 8, Arizona Revised Statutes, by adding article 7; relating to EMPLOYMENT BARGAINS OF PUBLIC EMPLOYERS AND EMPLOYEES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section|1. Title 23, chapter 8, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. EMPLOYMENT BARGAINS OF PUBLIC EMPLOYERS AND EMPLOYEES
23‑1421. Definitions
In this article, unless the context otherwise requires:
1. "Employment bargain" means any formal or informal employment contract, agreement or understanding regarding the wages, benefits or terms and conditions of employment of any public employee.
2. "Public employee" means any individual who is employed by a public employer.
3. "Public Employer" means any branch, department, division, office, agency or political subdivision of this state that has employees.
4. "Union" means any association or organization, incorporated or unincorporated, that primarily exists to represent the interests of member employees in wages, benefits and terms and conditions of employment.
5. "Union activities" means activities that are performed by a union, union members or representatives that relate to advocating the interests of member employees in wages, benefits, terms and conditions of employment or the enforcement, fulfillment or advancement of the union's organizational purposes, obligations, external relations or internal policies and procedures.
23-1422. Public officers and employees; unions; fiduciary duty; self‑dealing; enforcement
A. A Public officer owes a fiduciary duty to the taxpayers that the public officer represents regarding any decision on whether to approve any employment bargain in order to ensure that the decision is made in good faith and with undivided loyalty to the taxpayers and without any consideration of personal interest or advancement.
B. If a public employee is a member of a union that seeks to negotiate an employment bargain on the union's behalf from the public employer, the public employee owes a fiduciary duty to each taxpayer within the jurisdiction of the public employer in order to ensure that the negotiations with the public employer are conducted at arm's length based on the merits of the proposal and without imposing undue influence on any public officer to approve the employment bargain.
C. A union that seeks to negotiate an employment bargain with a public employer on behalf of member public employees owes a fiduciary duty to the member public employees to act consistently with their members' respective fiduciary duties.
D. An employment bargain is tainted by self-dealing or inducement to self-dealing if any of the following applies:
1. A public officer approves an employment bargain after a union that represents the interested public employees contemporaneously threatens the Public officer with personally adverse consequences if the Public officer does not approve the employment bargain.
2. A public officer approves an employment bargain after a union that represents the interested public employees contemporaneously promises or provides the officer with personal benefits in exchange for such approval.
3. A public officer approves an employment bargain with actual knowledge that a union that represents the interested public employees contributed or promised to contribute money, labor or services to the public officer's campaign committee or to an independent expenditure committee that supports the public officer's political campaign during negotiations towards the employment bargain.
4. The employment bargain contemplates the payment of compensation to public employees or third parties primarily for union activities.
E. An employment bargain that is tainted by self-dealing or inducement to self-dealing under this section is declared to be against the public policy of this state and is void.
F. Any policy, rule or regulation of this state or political subdivision of this state that incorporates the terms and conditions of any employment bargain that violates this section is void.
G. The attorney general shall enforce this section. Any taxpayer of the jurisdiction in which a violation of this section occurs has standing in any court of record to bring a special action against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section.
H. This section does not apply to any existing non executory contracts in effect before the effective date of this section but an existing contract shall not be renewed if the contract has any terms that conflict with this section.
23-1423. Preemption of inconsistent local laws
The prohibition of self-dealing in employment bargains is a matter of statewide concern. The regulation of self-dealing in employment bargains pursuant to this article is not subject to further inconsistent regulation by a county, city, town or other political subdivision of this state. This article preempts all inconsistent rules, regulations, codes, ordinances and other laws adopted by a county, city, town or other political subdivision of this state regarding self-dealing in employment bargains.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
