Sunday, August 28, 2011
THIS IS NH STUPID!!!!
As the saga of the State GOP unfolds and Jack Kimball is the whipping boy I watch in amazement at the allegations that Jack lost two special elections. I don’t think that is quite true for the following reasons.
I’ve been working on and running campaigns since 1972, starting out with Mel Thompson. I was mentored by Bob Monier, former State Senate President and college professor at St. A’s. I learned politics from the ground up, made a lot of mistakes and learned from them. I like people and like working with them, I learn something from every election and adversary, very rarely hold a personal grudge; but, as I grow older and realize my time on earth is not infinite, have adopted a straight forward approach to my life and discussions.
We have competing interests in the Republican Party, the tea party, the free stators, whatever the 9/12’s are and the old guard NH Republicans (which I consider myself one). The new kids on the scene are all vying for “power” and control of the party. Quite frankly I think some of them are nuts and find it difficult to deal with them so at this point I don’t really try. Because of these groups, my loyalty is to the people in my district.
So I can say that what caused the most problems in the Republican Party is the unprecedented attacks on our public sector employees: our teachers, our fire fighters, our police officers and state workers. This agenda is being manically pursued by Speaker Bully O’Brian and his little band of merry followers.
This has caused thousands of republican public sector employees to pull back from the party, and forced into working with the unions and democrats to defeat these people who are attacking us and our families; hence, the Republican Party is losing special elections. Kimball shares in this anti republican union agenda by pushing it with the federal candidates like pandering Mitt Romney and prayer meeting Perry. In short these people, mostly lead by O’Brian have done a good job at splintering the party and placing the lion share of the blame on Kimball. There is no question Jack needs to go; but, so doesn’t O’Brian and his out of control leadership group.
The NH State Employees have the best political campaign group in NH. They have brought and continue to bring experienced republican campaign members into the fight against the splinter groups that are attacking them while the republican members are no longer contributing to the party; but, to the republican union effort. SEANH republicans alone can bring about 15,000 republican votes to the table. Statewide the public sector of all parties can bring about 350,000 votes to the table. Most of these votes, the majority, will not go republican. How does a party or candidate win with this much of deficit? I don’t know but will watch with curiosity as to how this will all unfold. In the next election when you have thousands of public sector republican and tag along democrats going door to door in their neighborhoods against republicans the outcome should not be in doubt.
The next election will be determined by the individual candidates and the issues, not about party.
When we have political organizations that become collectively stupid, won’t listen, divide and attack their own support base it is time for a class on politics 101. That class is called elections.
Thursday, August 18, 2011
WHAT REPUBLICAN PARTY, WE DON’T NEED NO STINKEN PARTY!!!
From reading the papers I have to give the fringe elements that want to take over NH credit, their chance might have come. It was the fringe element that got Jack Kimball elected chairman of the party and they are fighting to keep him in power against old guard republicans that want him removed. As you have all read Jack was photographed signing a petition to put the Libertarian Party on the NH ballot. That might not seem all that bad; but, he is chairman of the Republican Party.
We have presidential candidates coming into to NH to campaign that were made to look like idiots on the right to work issue and with the political anarchy that is taking place I’ve been told wish there was an honorable way to get out of the state.
Not to worry though the Bully O’Brian’s leadership team is ready to jump in and save the day. Shawn Jasper was quoted in the Concord Monitor saying the state party needs to be cleaned out. Shawn knows what he is talking about and knows a lot about politics and how to win elections. Just look at the AG’s investigation of 1994 in Hudson for altering ballots.
DJ is “no comment” while Bully doesn’t seem to know what is going on and will look into it. In my opinion Bully knows what is going on and probably has been part of it. The free stators and part of the radical wing of the Tea Party movement want control of the party and could do it this time. It is well known Bully helped put Kimball in as chairman, ooopsy can we have a do over.
People have been telling me that Obama is so disliked whomever wins the republican primary will beat him (nationally) and that will keep republicans in power. I’ve got an alternative theory and that is we will have a two tiered election. There will be those voting on the federal issues and those voting on state issues like state senators and reps. and will make needed changes so we will be looking at a whole new group of fish in the political tank after the next election and will be able to vote on new house leadership unless we throw the bums out before the next election.
I have a question for Ray Buckley; did this happen on its own or did you plan and organize it? Come on you little scamp come clean we couldn’t have wiped out our own party on its own so effectively without your help.
This is a real soap opera and I cannot shut of my TV until the last act is played out.
We have presidential candidates coming into to NH to campaign that were made to look like idiots on the right to work issue and with the political anarchy that is taking place I’ve been told wish there was an honorable way to get out of the state.
Not to worry though the Bully O’Brian’s leadership team is ready to jump in and save the day. Shawn Jasper was quoted in the Concord Monitor saying the state party needs to be cleaned out. Shawn knows what he is talking about and knows a lot about politics and how to win elections. Just look at the AG’s investigation of 1994 in Hudson for altering ballots.
DJ is “no comment” while Bully doesn’t seem to know what is going on and will look into it. In my opinion Bully knows what is going on and probably has been part of it. The free stators and part of the radical wing of the Tea Party movement want control of the party and could do it this time. It is well known Bully helped put Kimball in as chairman, ooopsy can we have a do over.
People have been telling me that Obama is so disliked whomever wins the republican primary will beat him (nationally) and that will keep republicans in power. I’ve got an alternative theory and that is we will have a two tiered election. There will be those voting on the federal issues and those voting on state issues like state senators and reps. and will make needed changes so we will be looking at a whole new group of fish in the political tank after the next election and will be able to vote on new house leadership unless we throw the bums out before the next election.
I have a question for Ray Buckley; did this happen on its own or did you plan and organize it? Come on you little scamp come clean we couldn’t have wiped out our own party on its own so effectively without your help.
This is a real soap opera and I cannot shut of my TV until the last act is played out.
Tuesday, August 16, 2011
GOVERNOR PERRY-REPUBLICAN HOPEFUL OR HOPI???
I always get nervous around people who like to have public prayer meetings to show how religious they are. I have nothing against prayers and do so myself; but, that is my business and I don’t have do at the Exeter Bandstand on Friday afternoon to show people where I stand. I was interested that he had a Texas statewide prayer session praying for rain. I don’t think there is anything wrong in praying for rain; but, let’s not get the press involved.
I actually had a better idea to get the press involved and that is to do a Hopi rain dance, oh most of those were done naked, and the press would really come. The only problem is should it start to rain and then hail, you better get your clothes on quick because that could be painful, ooo, ooo and ouch.
Then he comes to NH and connects to the republican religious elitists, which is up to him; but, more and more people are talking about that, and it will come back to bite him down the road.
If you look at what is happening with the republican primary field, Pawlenty withdrew. I hear, only as a rumor, that Huntsman’s campaign is imploding and the dumb move to embrace right to work is just starting to sink in; but he can’t retract it now. Romney, although is at around 30 % the question is will he go any higher or drift down to the 20’s. We have Sarah Palin and Michele Bachman running and mother nature tells us you can’t have two queen bees in any hive so that will be fun to watch. We are running out of appealing candidates.
It was also interesting to see the pictures of our Republican Chairman, Jack Kimball, signing a petition to put the libertarian party on the ballot in NH. The way our party is going they better focus on keeping the Republican Party on the ballot in NH. Now are people still WONDERING why money is not flowing into our Republican Party coffers???
I actually had a better idea to get the press involved and that is to do a Hopi rain dance, oh most of those were done naked, and the press would really come. The only problem is should it start to rain and then hail, you better get your clothes on quick because that could be painful, ooo, ooo and ouch.
Then he comes to NH and connects to the republican religious elitists, which is up to him; but, more and more people are talking about that, and it will come back to bite him down the road.
If you look at what is happening with the republican primary field, Pawlenty withdrew. I hear, only as a rumor, that Huntsman’s campaign is imploding and the dumb move to embrace right to work is just starting to sink in; but he can’t retract it now. Romney, although is at around 30 % the question is will he go any higher or drift down to the 20’s. We have Sarah Palin and Michele Bachman running and mother nature tells us you can’t have two queen bees in any hive so that will be fun to watch. We are running out of appealing candidates.
It was also interesting to see the pictures of our Republican Chairman, Jack Kimball, signing a petition to put the libertarian party on the ballot in NH. The way our party is going they better focus on keeping the Republican Party on the ballot in NH. Now are people still WONDERING why money is not flowing into our Republican Party coffers???
Friday, August 12, 2011
THE ECONOMY!!!
The average person is overwhelmed when we hear all the experts talk about the national economy. They don’t want to simplify it because we won’t think they are such experts.
This is what we know, a given: if people don’t have money in their pockets they won’t spend it. If we raise taxes people won’t have money in their pockets. If the price of fuel goes up, gas and heating, we won’t have money in our pockets. If the price of goods goes up we won’t have money in our pockets. I think this concept is easy to grasp.
If people don’t have spending money in their pockets, they don’t buy goods. It is said that small business does most of the hiring and takes people off the unemployment rolls. If they don’t buy goods people get laid off because there is no money being spent and they are not required to produce things. If they are laid off they go on unemployment and everyone pays which is less money in our pockets to buy goods; talk about a catch 22.
He is a plan for the president. Bam, Bam is holding about 400 billion $ left over from his failed stimulus package. He bailed out banks in the hopes they would loan the money to the people who needed it; wrong the banks invested it drove up the stock market and then bailed out with a hefty profit and repaid the government. The people who needed the money didn’t get it.
So we need to reduce the price of oil, open all off shore drilling but require the oil companies to show they have workable plans for emergencies and not allow them to drill in any deeper water than they can immediately plug the well in case of emergency. This will drive down the cost of oil. Use the 400+ billion in left over stimulus money for small business loans with no interest for 5 years, let’s give them a chance to make the business work and hire a few people. Ethanol can be made out of almost any decomposing fermenting vegetable matter; we don’t always need to use food or good alcohol for gasoline.
Last but not least is reduce our overall federal tax burden; who cares if your rich or not (depending on your definition of rich), rich people buy a lot of stuff, that keeps people working. If we do give tax breaks to businesses that move overseas we need to stop that, they make enough money in lower wages and materials.
The bottom lines is put as much money in peoples pockets as we can, re-introduce material production to hire more workers and we just might move our economy ahead.
This is what we know, a given: if people don’t have money in their pockets they won’t spend it. If we raise taxes people won’t have money in their pockets. If the price of fuel goes up, gas and heating, we won’t have money in our pockets. If the price of goods goes up we won’t have money in our pockets. I think this concept is easy to grasp.
If people don’t have spending money in their pockets, they don’t buy goods. It is said that small business does most of the hiring and takes people off the unemployment rolls. If they don’t buy goods people get laid off because there is no money being spent and they are not required to produce things. If they are laid off they go on unemployment and everyone pays which is less money in our pockets to buy goods; talk about a catch 22.
He is a plan for the president. Bam, Bam is holding about 400 billion $ left over from his failed stimulus package. He bailed out banks in the hopes they would loan the money to the people who needed it; wrong the banks invested it drove up the stock market and then bailed out with a hefty profit and repaid the government. The people who needed the money didn’t get it.
So we need to reduce the price of oil, open all off shore drilling but require the oil companies to show they have workable plans for emergencies and not allow them to drill in any deeper water than they can immediately plug the well in case of emergency. This will drive down the cost of oil. Use the 400+ billion in left over stimulus money for small business loans with no interest for 5 years, let’s give them a chance to make the business work and hire a few people. Ethanol can be made out of almost any decomposing fermenting vegetable matter; we don’t always need to use food or good alcohol for gasoline.
Last but not least is reduce our overall federal tax burden; who cares if your rich or not (depending on your definition of rich), rich people buy a lot of stuff, that keeps people working. If we do give tax breaks to businesses that move overseas we need to stop that, they make enough money in lower wages and materials.
The bottom lines is put as much money in peoples pockets as we can, re-introduce material production to hire more workers and we just might move our economy ahead.
Wednesday, August 10, 2011
MITT ROMNEY—DAPP!!!
The presidential Republican primary candidates are pouring into NH and talking about how they support right to work. Keeping in mind this was not even on anyone’s radar screen in the last election.
So it appears the state party is telling them how important this is in a state where it means nothing; talk about an out of state out of touch political issue and agenda. The party refuses to believe that there are any union republicans when in reality there are thousands in NH and are willing to cross the isle to clean up this political mess in NH and work to better our state and move the state forward to make it a better place; this is one of the reasons why the republican party is losing special elections.
In the special election in Strafford District 3 Bob Perry (D) soundly defeated the Free State Choice by about 58%-42%. I understand there was a large group of disenfranchised republicans that helped out in that race. So a victory was pulled off in Bully O’Brian’s backyard, another in State Republican Chairman Jack Kimball’s back yard, I think the people behind these victories are running out of backyards. I think this is directly related to the fracture in the Republican Party and the huge split on the manufactured RTW issue.
John Huntsman is a promising candidate for president; but, came out in support of RTW which took him off my list. One of the truisms of politics is the activists come out in the primary so if you’re a republican you have to go conservative, if you’re a liberal you have to come out liberal to beat your opponents; who is more conservative or liberal wins the primary. Then you have to swing back towards the middle to win the general; only, in this case there is no middle. I do not believe, but they may, republicans would vote for Obama. Usually they just won’t vote in the election and not check the box; but in this case they have been screwed with just a little too much.
I think you might want to know what DAPP stands for. Keeping in mind my working class background and simple way of speaking, it stand for DUMB ASS PANDERING POLITICIAN.
Hey Mitt, don’t take it personally you're part of a growing group that fall into this category.
So it appears the state party is telling them how important this is in a state where it means nothing; talk about an out of state out of touch political issue and agenda. The party refuses to believe that there are any union republicans when in reality there are thousands in NH and are willing to cross the isle to clean up this political mess in NH and work to better our state and move the state forward to make it a better place; this is one of the reasons why the republican party is losing special elections.
In the special election in Strafford District 3 Bob Perry (D) soundly defeated the Free State Choice by about 58%-42%. I understand there was a large group of disenfranchised republicans that helped out in that race. So a victory was pulled off in Bully O’Brian’s backyard, another in State Republican Chairman Jack Kimball’s back yard, I think the people behind these victories are running out of backyards. I think this is directly related to the fracture in the Republican Party and the huge split on the manufactured RTW issue.
John Huntsman is a promising candidate for president; but, came out in support of RTW which took him off my list. One of the truisms of politics is the activists come out in the primary so if you’re a republican you have to go conservative, if you’re a liberal you have to come out liberal to beat your opponents; who is more conservative or liberal wins the primary. Then you have to swing back towards the middle to win the general; only, in this case there is no middle. I do not believe, but they may, republicans would vote for Obama. Usually they just won’t vote in the election and not check the box; but in this case they have been screwed with just a little too much.
I think you might want to know what DAPP stands for. Keeping in mind my working class background and simple way of speaking, it stand for DUMB ASS PANDERING POLITICIAN.
Hey Mitt, don’t take it personally you're part of a growing group that fall into this category.
Monday, August 8, 2011
WHAT IS UP WITH THE POLITICAL SCENE IN NH???
Some think that there is a fight between NH Republicans and Libertarians. In reality conservative republicans and libertarians have been, pretty much, allies for years and on most issues are not that far apart. There dose seem to be friction between Free Stators and old guard Republicans because the Free Stators appear to have an agenda to take over and remake NH.
I am watching the special election in Strafford 3 between a democrat and an acknowledged Free Stator, who is running as a republican. You never want to call an election until an hour or so after the polls close and the free stator has put a lot of money into this campaign; but, reading the letters to the editor in Foster’s it looks like the free state project is getting hit and hit hard. I think Bob Perry the democrat will take this. I’ve been wrong before; but, that’s my two cents.
We have a republican party that is disarray with at least one republican town chairman attacking republican senators and two free stators sending out letters doing the same.
Part of the problem is the free stators tried to hard and fast to take over and they have been heavy handed in some regards. Now we have union republicans working with democrats to fight back and they don’t seem to understand why. They relish in the fact they have a Free State leaning speaker and claim they got the chairman of the Republican Party elected chairman.
The voters are starting to rebel and you can see it in the special elections; this rejection is a trend, not just a fad. I have said in the past I expect to see about 125 Republicans lose their seats in the next election, some insiders told me it was wishful thinking that we would lose about 40, now their saying up to a hundred. This is starting to sound like an auction, I have a 100 who will make 125, and I think the voters will.
Thank you true old guard Libertarians for holding the republicans’ feet to the fire and I’m glad to be working with you.
Monday, August 1, 2011
WHAT DOES THE RIGHT TO WORK BILL REALLY DO???
The following is the bill in it entirety, you read it and decide, does this bill clandestinely wipe out NH’s regulatory boards; I’m not sure but it looks like it could. If you read it, not as a union bill; but, from a regulatory stand point does it look like the anarchists who are against government and pushing this bill will be able to wipe out the very boards that were formed to protect the public? Just wondering if I’m reading this right.
HB 474-FN – VERSION ADOPTED BY BOTH BODIES
15 Feb 2011… 0218h
15 Feb 2011… 0313h
04/20/11 1403s
2011 SESSION
11-0609
06/01
HOUSE BILL 474-FN
AN ACT relative to freedom of choice on whether to join a labor union.
SPONSORS: Rep. W. Smith, Rock 18; Rep. Baldasaro, Rock 3; Rep. Seidel, Hills 20; Rep. Lauer-Rago, Merr 2; Rep. Holden, Hills 4; Rep. Brosseau, Graf 6; Rep. Summers, Hills 26; Sen. Forsythe, Dist 4
COMMITTEE: Labor, Industrial and Rehabilitative Services
AMENDED ANALYSIS
This bill prohibits collective bargaining agreements that require employees to join a labor union.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15 Feb 2011… 0218h
15 Feb 2011… 0313h
04/20/11 1403s
11-0609
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to freedom of choice on whether to join a labor union.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Name of Act. It is the intent of the general court that this act be known as “The Franklin A. Partin Jr. Right to Work Act.”
2 New Chapter; Right to Work Act. Amend RSA by inserting after chapter 273-C the following new chapter:
CHAPTER 273-D
RIGHT TO WORK ACT
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.
273-D:3 Definitions. In this chapter:
I. “Employer” means any individual, corporation, association, organization, or entity that employs one or more persons. The term includes, but is not limited to, the state of New Hampshire and its agencies, every district, board, commission, instrumentality, or other unit whose governing body exercises similar governmental powers. The term “employer” includes, but is not limited to, employers of agricultural labor.
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.
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.
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.
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.
273-D:7 Notice to be Posted. It shall be the duty of every employer to post and keep continuously displayed the following notice at such a place or places in the business, establishment, or premises where it may be readily seen by all employees, and it shall be the further duty of every employer to furnish a copy of such notice to each employee at the time the employee is hired:
EMPLOYEES FREEDOM OF CHOICE
Under the law of the state of New Hampshire, employees are protected in the exercise of their free choice to join or refrain from joining labor unions, and it is unlawful for an employer and a labor union to enter into a contract or agreement requiring them to pay dues, fees, or charges of any kind to a labor union as a condition of obtaining or keeping a job. Under this law, an employer may not discharge or otherwise discriminate against an employee because of joining or refusing to join a labor union, or to pay dues, or other charges to a labor union.
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.
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.
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.
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.
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.
273-D:13 Exceptions. The provisions of this chapter shall not apply:
I. To employers and employees covered by the federal Railway Labor Act.
II. To federal employers and employees.
III. To employers and employees on exclusive federal enclaves.
IV. Where they would otherwise conflict with, or be preempted by, federal law.
273-D:14 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
3 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0609
01/20/11
HB 474-FN - FISCAL NOTE
AN ACT relative to freedom of choice on whether to join a labor union.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
HB 474-FN – VERSION ADOPTED BY BOTH BODIES
15 Feb 2011… 0218h
15 Feb 2011… 0313h
04/20/11 1403s
2011 SESSION
11-0609
06/01
HOUSE BILL 474-FN
AN ACT relative to freedom of choice on whether to join a labor union.
SPONSORS: Rep. W. Smith, Rock 18; Rep. Baldasaro, Rock 3; Rep. Seidel, Hills 20; Rep. Lauer-Rago, Merr 2; Rep. Holden, Hills 4; Rep. Brosseau, Graf 6; Rep. Summers, Hills 26; Sen. Forsythe, Dist 4
COMMITTEE: Labor, Industrial and Rehabilitative Services
AMENDED ANALYSIS
This bill prohibits collective bargaining agreements that require employees to join a labor union.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15 Feb 2011… 0218h
15 Feb 2011… 0313h
04/20/11 1403s
11-0609
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to freedom of choice on whether to join a labor union.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Name of Act. It is the intent of the general court that this act be known as “The Franklin A. Partin Jr. Right to Work Act.”
2 New Chapter; Right to Work Act. Amend RSA by inserting after chapter 273-C the following new chapter:
CHAPTER 273-D
RIGHT TO WORK ACT
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.
273-D:3 Definitions. In this chapter:
I. “Employer” means any individual, corporation, association, organization, or entity that employs one or more persons. The term includes, but is not limited to, the state of New Hampshire and its agencies, every district, board, commission, instrumentality, or other unit whose governing body exercises similar governmental powers. The term “employer” includes, but is not limited to, employers of agricultural labor.
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.
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.
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.
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.
273-D:7 Notice to be Posted. It shall be the duty of every employer to post and keep continuously displayed the following notice at such a place or places in the business, establishment, or premises where it may be readily seen by all employees, and it shall be the further duty of every employer to furnish a copy of such notice to each employee at the time the employee is hired:
EMPLOYEES FREEDOM OF CHOICE
Under the law of the state of New Hampshire, employees are protected in the exercise of their free choice to join or refrain from joining labor unions, and it is unlawful for an employer and a labor union to enter into a contract or agreement requiring them to pay dues, fees, or charges of any kind to a labor union as a condition of obtaining or keeping a job. Under this law, an employer may not discharge or otherwise discriminate against an employee because of joining or refusing to join a labor union, or to pay dues, or other charges to a labor union.
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.
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.
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.
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.
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.
273-D:13 Exceptions. The provisions of this chapter shall not apply:
I. To employers and employees covered by the federal Railway Labor Act.
II. To federal employers and employees.
III. To employers and employees on exclusive federal enclaves.
IV. Where they would otherwise conflict with, or be preempted by, federal law.
273-D:14 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
3 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0609
01/20/11
HB 474-FN - FISCAL NOTE
AN ACT relative to freedom of choice on whether to join a labor union.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
Subscribe to:
Posts (Atom)
