FIRST REGULAR SESSION
HOUSE BILL NO. 308
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLAND.
Read 1st time January 29, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
Relating to union organization limitations on private employer use of state funds.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section 1. 1. A private employer that receives state funds related to the employer's
participation in a state program which are in excess of ten thousand dollars in any
(1) Shall not use any such funds to assist, promote, or deter union organizing,
including expending any expense such as legal and consulting fees and salaries of
supervisors and employees which are incurred in researching for, preparing for, planning
for, coordinating of, or carrying out an activity to assist, promote, or deter union
(2) Shall provide certification to the state that none of the state funds will be used
to assist, promote, or deter union organizing; and
(3) Shall maintain records sufficient to show that state funds were not used for the
prohibited activities if the employer makes any expenditures to assist, promote, or deter
2. A private employer subject to this section shall provide to the director of the
department of labor and industrial relations, upon request, any records required to be
maintained pursuant to this section.
3. Pursuant to this section and for purposes of recording expenditures if state funds
and other funds are commingled, any expenditures to assist, promote, or deter union
organizing shall be allocated between state funds and other funds on a pro rata basis.
4. An employer subject to this section is liable to the state for any funds expended
in violation of this section and is subject to a civil penalty equal to twice the amount of the
funds expended in violation of this section. The director of the department of labor and
industrial relations may bring a civil action for injunctive relief, damages, civil penalties,
and other appropriate relief for violation of this section.
5. This section does not prohibit an activity performed or an expense incurred by
a private employer in connection with:
(1) Addressing a grievance or negotiating or administering a collective bargaining
(2) Allowing a labor organization or the organization's representative access to the
employer's facility or property;
(3) Performing an activity required by federal or state law or by a collective
bargaining agreement; or
(4) Negotiating, entering, or carrying out a voluntary recognition agreement with
a labor organization.