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House Bill 605 — Labor unions, notice

House Bill 605 — Labor unions, notice

by
Parrish Miller
February 21, 2024

Bill Description: House Bill 605 would require employers who have unionized employees to provide an annual notice about state labor law. The bill would also prohibit public agencies from providing unions with an employee’s information without the employee’s permission. 

Rating: +1

Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?

House Bill 605 would create Section 44-2014, Idaho Code, to require employers who have unionized employees to provide an annual notice "in written or electronic form and separate from any other notice or information."

The notice would say, "The State of Idaho is a right-to-work state. Membership or nonmembership in a labor organization (union) is not required as a condition of employment. Union membership and payment of union dues, fees, and assessments are voluntary. Each person has the right to join and pay dues to a labor union or to refrain from joining and paying dues to a labor union. No employee may be discriminated against in any manner for joining and financially supporting a labor union or for refusing to join or financially support a labor union."

This requirement does impose a de minimis regulation on some employers (who are already required to provide various notices and information to employees), but it also provides clarification to employees regarding their rights. 

(0)

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 605 would amend Section 74-120, Idaho Code, to say that "the director of the department of labor, any board of trustees of a school district, or any other employer shall not provide a labor organization as defined in section 44-2602, Idaho Code, with greater access to state or local employee information than the public receives under subsection (1) of this section."

The subsection (1) that is referenced in this new language says, in part, "No agency may distribute or sell for use as a mailing list or a telephone number list any list of persons without first securing the permission of those on the list."

This would protect the privacy of employees by preventing their personal information from being given to a labor union without the employee's permission. 

(+1)

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