Effective 28 Aug 2017

*290.590. Labor organization membership, dues, and fees not required as condition of employment — definitions — violations, penalty — investigation of complaints — inapplicability, when. — 1. As used in this section, the following terms shall mean:

(1) "Employer", any individual, organization, partnership, state agency, political subdivision, corporation, or other legal entity which employs or has employed one or more individuals performing services for the entity within this state; and

(2) "Labor organization", any organization of any kind or agency, or employee representation committee or union which 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.

2. No person shall be required as a condition or continuation of employment to:

(1) Become, remain, or refrain from becoming a member of a labor organization;

(2) Pay any dues, fees, assessments, or other similar charges however denominated of any kind or amount to a labor organization; or

(3) In lieu of the payments listed under subdivision (2) of this subsection, pay to any charity or other third party any amount equivalent to, or on a pro rata basis, any dues, fees, assessments, or other charges required of members of a labor organization.

3. 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 under this section is unlawful, null and void, and of no legal effect.

4. Any person who violates or directs another to violate any provision of this section shall be guilty of a class C misdemeanor.

5. (1) Any person injured as a result of any violation or threatened violation of this section shall be entitled to injunctive relief against any and all violators or persons threatening violations.

(2) Any person injured as a result of any violation or threatened violation of this section may recover any and all damages of any character resulting from such violation or threatened violation including costs and reasonable attorney fees. Such remedies shall be independent of and in addition to the other penalties and remedies prescribed under this section.

6. The prosecuting attorney or circuit attorney with jurisdiction over the location where a violation or threatened violation of this section occurs or the attorney general of this state shall investigate complaints of violation or threatened violation of this section, prosecute any person violating this section, and use all means at their command to ensure the effective enforcement of this section.

7. This section shall not apply:

(1) To employers and employees covered by the federal Railway Labor Act;

(2) To federal employers and employees;

(3) To employers and employees on exclusive federal enclaves;

(4) Where this section conflicts with or is preempted by federal law; or

(5) To any agreement between an employer and a labor organization entered into before August 28, 2017, but shall apply to any such agreement upon its renewal, extension, amendment, or modification in any respect after August 28, 2017.

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(L. 2017 S.B. 19, Rejected by Referendum, Proposition A, August 7, 2018)

*Revisor's Note: On February 21, 2017, a petition for referendum (Chapter 116, RSMo) on Senate Substitute No. 2 for Senate Bill No. 19 was received by the Secretary of State's Office. On March 28, 2017, the official ballot title was certified by the Secretary of State (Section 116.180, RSMo) and approved for circulation in accordance with Article III, Section 52(a). On August 18, 2017, the Secretary of State's Office received 163 boxes of referendum petitions for Senate Substitute No. 2 for Senate Bill No. 19. On November 22, 2017, the Secretary of State issued a certificate of sufficiency certifying the referendum petition. The referendum petition was to be placed on the November 6, 2018, ballot unless a different date was designated by the General Assembly. The General Assembly, in SCR 49 enacted on May 24, 2018, designated the referendum vote to be held on August 7, 2018. The measure was rejected by referendum, Proposition A, on August 7, 2018.