Session of 1999
By Representatives Nichols, Barnes, Dean, Findley, Flaharty, Flora, Gar-
                ner, Gilbert, Grant, Helgerson, Henderson, Johnston, Kirk, Klein,
                Kuether, Pauls, E. Peterson, Rehorn, Ruff, Sharp, Spangler, Swenson,
                Toelkes, Wells and Welshimer

12             AN  ACT concerning employment; providing for a fair share represen-
13             tation fee to be paid to certain labor organizations under certain cir-
14             cumstances; relating to procedures, rights and duties; amending K.S.A.
15             44-803 and repealing the existing section.
18       Be it enacted by the Legislature of the State of Kansas:
19             Section  1. K.S.A. 44-803 is hereby amended to read as follows: 44-
20       803. (a) Employees shall have the right to self-organization, to form, join,
21       or assist labor organizations, to bargain collectively through representa-
22       tives of their own choosing, and to engage in concerted activities, for the
23       purpose of collective bargaining or other mutual aid or protection, and
24       such employees shall also have the right to refrain from any or all such
25       activities.
26             (b) Any labor organization that has been certified or formally rec-
27       ognized as the exclusive bargaining agent under the national labor rela-
28       tions act and that is required by such federal act to represent all members
29       of the bargaining unit whether members of the labor organization or not
30       may assess a fair share representation fee to those nonmember employees
31       who by federal mandate the labor organization must represent to the same
32       extent as dues-paying members of such labor organization for represen-
33       tation services provided to such nonmember employee pursuant to a spe-
34       cific request made by such nonmember employee to the labor organization
35       for representation of such nonmember employee by the labor organization
36       in any matter relating to an individual grievance concerning such non-
37       member employee.
38             (c) The fair share representation fee assessable to employees not mem-
39       bers of the labor organization shall not exceed the actual cost of repre-
40       senting such nonmember employees in any matter relating to an individ-
41       ual grievance concerning such nonmember employee as provided in
42       subsection (b). Such service fee shall not include the cost of any additional
43       benefits provided to union members through their dues.
44             (d) Failure of a nonmember employee to pay such nonmember em-
45       ployee's fair share representation fee as provided in this section shall give
46       the labor organization the right to bring an action in any court of com-
47       petent jurisdiction for the payment of such service fee, together with costs
48       and attorney fees. An employee's failure to pay such service fee shall not
49       prejudice the employee's right to continued employment with the em-
50       ployer. It is unlawful for a labor organization or an employer to discrim-
51       inate against any employee in any way because of the failure of an em-
52       ployee to pay the fair share representation fee. Payment or nonpayment
53       of the fair share representation fee shall in no way be a condition of
54       employment.  
55       Sec.  2. K.S.A. 44-803 is hereby repealed.
56        Sec.  3. This act shall take effect and be in force from and after its
57       publication in the statute book.