Effective 28 Aug 2018

105.505. Dues and fees — requirements for nonmembers — authorization of nonmember not a condition of employment — financial records to be maintained, requirements — agency shop defined. — 1. No sum shall be withheld from the earnings of any public employee for the purpose of paying any portion of dues, agency shop fees, or any other fees paid by members of a labor organization or public employees who are nonmembers except upon the annual written or electronic authorization of the member or nonmember.

2. No labor organization shall use or obtain any portion of dues, agency shop fees, or any other fees paid by members of the labor organization or public employees who are nonmembers to make contributions, as defined in section 130.011, or expenditures, as defined in section 130.011, except with the informed written or electronic authorization of such member or nonmember received within the previous twelve months.

3. Public employees who do not authorize contributions or expenditures under subsection 2 of this section shall not have their dues, agency shop fees, or other fees increased in lieu of payments for contributions or expenditures.

4. The requirements of this section shall not be waived by any member or nonmember of a labor organization, and waiver of the requirements shall not be made a condition of employment or continued employment.

5. Signing or refraining from signing any authorization described under subsection 1 or 2 of this section shall not be made a condition of employment or continued employment.

6. A labor organization shall maintain financial records substantially similar to and no less comprehensive than the records that are required to be maintained in accordance with 29 U.S.C. Section 431(b), or any successor statute.

7. Every labor organization shall provide the records required under subsection 6 of this section in a searchable electronic format to every public employee it represents. If any labor organization fails to make such records available to the public employees represented by such organization, any such public employee shall have a cause of action against the labor organization for enforcement of this subsection. The court in such action may, in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, require reasonable attorney's fees and court costs to be paid by the labor organization.

8. Every labor organization required to prepare any record under this section shall maintain such records and any additional data or summary by which the records may be verified, explained, or clarified for a period of not less than five years immediately following the preparation of such record.

9. For purposes of this section, the term "agency shop" shall mean an arrangement that requires a public employee, as a condition of employment or continued employment, either to join a recognized labor organization or to pay such organization a service fee.

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(L. 2018 H.B. 1413)