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Several members of the NH House of Representative are a part of this group and over the past several years, have filed legislative financial reimbursement requests from the State of New Hampshire Honorarium and Expense Filings for attending an ALEC conference - in short, legislators have been reimbursed by NH taxpayers for attending right-wing ALEC conferences.
In an ALEC publication from July 2008 you can even find a picture of current House Finance Chair, Rep. Ken Weyler, seated in the front row on page 13.
But what is ALEC? According to the Nation, the American Legislative Exchange Council (ALEC) is
"a critical arm of the right wing network of policy shops that, with infusions of corporate cash, has evolved to shape American politics...ALEC's model legislation reflects long term goals...priorities for the 2011 session included bills to privatize education, break unions, deregulate major industries, pass voter id laws and more."
A new website that is highlighted in this article is ALEC Exposed, which provides incredible tools to expose their model legislation and see for yourself the influence in your state.
Granite State Progress did just that - and though you won't be surprised, you will be alarmed. We found several pieces that showed strong links between ALEC and anti-middle class legislation, but none that struck our curiosity as much as Right to Work Exposed, one of the most controversial pieces of legislation to hit Concord in generations.
HB 474 - a bill that attributed to thousands traveling to Concord in protest - is nearly VERBATIM to the ALEC sample legislation!
Summary
ALEC's model Right to Work Act provides that no employee need join or pay dues to a union, or refrain from joining a union, as a condition of employment. The Act establishes penalties and remedies for violations of the Act's provisions.
ALEC Model Legislation
{Title, enacting clause, etc.} Section 1. { Title.} This Act may be cited as the Right to Work Act.
Section 2. {Declaration of public policy.} It is hereby declared to be the public policy of the State of (state), in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that the right to work shall not be subject to undue restraint or coercion. The right to work shall not be infringed or restricted in any way based on membership in, affiliation with, or financial support of a labor organization.
HB 474: REAL NH Legislation
273-D:1 Short Title. This act may be cited as the "Right to Work Act."
273-D:2 Declaration of Public Policy. It is hereby declared to be the public policy of this state in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that all persons shall have, and shall be protected in the exercise of, the right freely, and without fear of penalty or reprise, to form, join, or assist labor organizations, or to refrain from any such activity.
ALEC Model Legislation
Section 3. {Labor organization.} The term "labor organization" means any organization of any kind, or agency or employee representation committee or union, that exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation.
HB 474: REAL NH Legislation
II. "Labor organization" means any organization of any kind, or agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of work, or other conditions of employment.
ALEC Model Legislation
Section 4. {Freedom of choice guaranteed, discrimination prohibited.} No person shall be required, as a condition of employment or continuation of employment:
(A) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
(B) to become or remain a member of a labor organization;
(C) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;
(D) to pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges regularly required of members of a labor organization; or
(E) to be recommended, approved, referred, or cleared by or through a labor organization.
HB 474: REAL NH Legislation
273-D:4 Freedom of Choice Guaranteed, Discrimination Prohibited. No person shall be required, as a condition of employment or continuation of employment:
I. To resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor organization;
II. To become or remain a member of a labor organization;
III. To pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization;
IV. To pay any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges of a labor organization; or
V. To be recommended, approved, referred, or cleared by or through a labor organization.
ALEC Model Legislation
Section 5. {Voluntary deductions protected.} It shall be unlawful to deduct from the wages, earnings, or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation to the employer.
HB 474: REAL NH Legislation
273-D:5 Voluntary Deductions Protected. It shall be unlawful for any employer to deduct from the wages, earnings, or compensation of any employee any dues, fees, assessments, or other charges, to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation 30 days in advance of its effective date. Every employer who receives such an authorization from an employee shall have a duty to promptly notify that employee in writing that the employee may revoke an authorization at any time by giving the employer 30 days written notice.
ALEC Model Legislation
Section 6. {Agreements in violation, and actions to induce such agreements, declared illegal.} Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott, or other action by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this chapter is hereby declared to be for an illegal purpose and is a violation of the pro-visions of this chapter.
HB 474: REAL NH Legislation
273-D:6 Agreements in Violation, and Actions to Induce Such Agreements, Declared Illegal. Any agreement, understanding or practice, written or oral, implied or expressed, between any labor organization and employer which violates the rights of employees as guaranteed by the provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott, or other action, by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this chapter is hereby declared to be for an illegal purpose and is a violation of the provisions of this chapter.
ALEC Model Legislation
Section 7. {Coercion and intimidation prohibited.} It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer thereof, by any threatened or actual intimidation of an employee or prospective employee, or an employee's or prospective employee's parents, spouse, children, grand- children, or any other persons residing in the employee's or prospective employee's home, or by any damage or threatened damage to an employee's or prospective employee's property, to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or otherwise forfeit any rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause an employee to be denied employment or discharged fromemployment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employees.
HB 474: REAL NH Legislation
273-D:8 Coercion and Intimidation Prohibited. It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer thereof, by any threatened or actual intimidation of an employee or prospective employee, or the employee's parents, spouse, children, grandchildren, or any other persons residing in the employee's or prospective employee's home, or by any damage or threatened damage to property, to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or otherwise forfeit any rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause an employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employees.
ALEC Model Legislation
Section 8. {Penalties.} Any person who directly or indirectly violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding (insert amount) or imprisonment for a period of not more than (insert time period), or both such fine and imprisonment.
HB 474: REAL NH Legislation
273-D:9 Penalties. Any person, employer, labor organization, agent, or representative of an employer or labor organization, who directly or indirectly imposes upon any person any requirement prohibited by this chapter shall be guilty of a misdemeanor, and, notwithstanding RSA 651:2, shall be subject for each offense to a fine not exceeding $1,000, or to imprisonment not exceeding 90 days, or both.
ALEC Model Legislation
Section 9. {Civil remedies.} Any employee harmed as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief against any and all violators or persons threatening violations and may in addition thereto recover any and all damages, including costs and reasonable attorney fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
HB 474: REAL NH Legislation
273-D:10 Civil Remedies. Any person harmed as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief against any and all violators or persons threatening violation, and may also recover any or all damages of any character, including costs and reasonable attorney fees, resulting from such violation or threatened violation, cognizable at common law. Such remedies shall be independent of, and in addition to, the penalties and remedies prescribed in other provisions of this chapter.
ALEC Model Legislation
Section 10. {Duty to investigate.} It shall be the duty of the prosecuting attorneys of each county (or the attorney general of this state) to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.
HB 474: REAL NH Legislation
273-D:11 Duty to Investigate. It shall be the duty of the attorney general and of each county attorney, to investigate any complaints of violation of this chapter, and to prosecute all persons violating any of its provisions, and to use all means at their command to insure effective enforcement of the provisions of this chapter.
ALEC Model Legislation
Section 11. {Prospective application.} The provisions of this chapter shall apply to all contracts entered into after the effective date of this chapter and shall apply to any renewal or extension of any existing contract.
HB 474: REAL NH Legislation
273-D:12 Existing Contracts. The provisions of this chapter shall apply to all contracts entered into on or after the effective date of this chapter and shall not apply to existing contracts, but shall apply to any renewal or extensions of such existing contracts.
Instead of reflecting New Hampshire values - values that have rejected Right to Work for Less in our state for decades - Speaker Bill O'Brien (R-Mont Vernon) and HB 474 Sponsors Rep. William Smith (R-New Castle), Rep. Al Baldasaro (R-Londonderry), Rep. Carol Seidel (R-Nashua), Rep. Kathleen Lauer-Rago (R-Franklin), Rep. Frank Holden (R-Lynedeborough), Rep. Charles Brosseau (R-Campton), Rep. James Summers (R-Nashua) and Sen. James Forsythe (R-Strafford) chose to promote out-of-state corporate interest model legislation. They have some explaining to do to the citizens of New Hampshire.
For the full Granite State Progress release - including a list of requests for attending right-wing ALEC's conferences on NH taxpayers' dime - visit: http://www.granitestateprogres...
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