B004-9899
10 AN ARTICLE CONCERNING 20 The Right to Work 30 FOR the purpose of making it public policy in the state of Maryland that the right of 40 persons to work shall not be denied or abridged on account of membership or 50 non-membership in any labor union or labor organization. 60 BY creating a new article to be adopted into the Maryland State Constitution's Bill of 70 Rights as Section 48. 80 Md. Code Annotated ¤ 48-1. BE IT ENACTED BY THE MARYLAND 90 STUDENT LEGISLATURE: 100 (A) ANY AGREEMENT OR COMBINATIONS BETWEEN ANY 110 EMPLOYER AND ANY LABOR UNION OR LABOR 120 ORGANIZATION WHEREBY PERSONS NOT MEMBERS OF SUCH 130 UNION SHALL BE DENIED THE RIGHT TO WORK FOR THE 140 EMPLOYER, OR WHEREBY SUCH MEMBERSHIP IS MADE A 150 CONDITION OF EMPLOYMENT BY EMPLOYER OR WHEREBY 160 ANY SUCH UNION ACQUIRES AN EMPLOYMENT MONOPOLY IN 170 ANY ENTERPRISE, IS HEREBY DECLARED TO BE AGAINST THE 180 LAW. 190 (B) EMPLOYERS ARE NOT TO REQUIRE EMPLOYEES TO BECOME OR 200 REMAIN MEMBERS OF ANY LABOR UNION OR ORGANIZATION 210 AS A CONDITION OF EMPLOYMENT. 220 (C) EMPLOYERS ARE NOT TO REQUIRE ABSTENTION FROM 230 MEMBERSHIP IN UNION. 240 (D) EMPLOYERS ARE NOT TO REQUIRE ANY PERSON AS A 250 CONDITION OF EMPLOYMENT TO PAY ANY DUES, FEES OR 260 OTHER CHARGES OF ANY KIND TO ANY LABOR UNION. 270 (E) ANY PERSON WHO MAY BE DENIED EMPLOYMENT OR BE 280 DEPRIVED OF THE CONTINUATION OF HIS EMPLOYMENT IN 290 VIOLATION OF THIS ACT SHALL BE ENTITLED TO RECOVER 300 FROM SUCH EMPLOYER AND OTHER ASSOCIATIONS ACTING IN 310 CONCERT WITH HIM BY APPROPRIATE ACTION IN THE COURTS 320 OF THIS STATE SUCH DAMAGES, INJUNCTIVE RELIEF, AND 330 ADDITIONAL PENALTIES AND REMEDIES RESULTING FROM 340 SUCH VIOLATIONS OR THREATENED VIOLATIONS AS HE MAY 350 HAVE SUSTAINED. 360 (F) THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ALL 370 LAWFUL CONTRACTS EXISTING IN THIS STATE BEFORE THE 380 ENACTMENT OF THIS ARTICLE, BUT SHALL APPLY TO ANY 390 CONTRACTS ENTERED INTO THEREAFTER AND TO ANY 400 RENEWAL OR EXTENSION OF EXISTING CONTRACTS 410 THAT REQUIRE MANDATORY UNION MEMBERSHIP. 420 (G) ANY CONDUCT CAUSING VIOLATION OF THIS ARTICLE BY 430 PERSONS ENGAGED IN LOCKOUTS, LAYOFFS, BOYCOTTS, 440 PICKETING, WORK STOPPAGES OR OTHER CONDUCT, A 450 PURPOSE OF WHICH IS TO CAUSE, FORCE, PERSUADE OR 460 INDUCE ANY OTHER PERSONS TO VIOLATE ANY PROVISIONS OF 470 THIS ARTICLE SHALL BE GUILTY OF ILLEGAL CONDUCT 480 CONTRARY TO PUBLIC POLICY, PROVIDED THAT NOTHING 490 HEREIN CONTAINED SHALL BE CONSTRUED TO PREVENT OR 500 MAKE ILLEGAL THE PEACEFUL AND ORDERLY SOLICITATION 510 AND PERSUASION BY UNION MEMBERS OF OTHERS TO JOIN A 520 UNION, UNACCOMPANIED BY INTIMIDATION, FORCE, 530 REPRISAL, AND PROVIDED THAT NO SUCH SOLICITATION BE 540 CONDUCTED SO AS TO INTERFERE WITH THE WORK OF ANY 550 EMPLOYEE DURING WORKING HOURS. 560 (H) FOR LABOR UNIONS OR ORGANIZATIONS DOING BUSINESS IN 570 THIS STATE WHOSE OFFICERS ARE NOT RESIDENTS OF THIS 580 STATE, SHALL BY WRITTEN POWER OF ATTORNEY, FILED WITH 590 THE DEPARTMENT OF A LABOR AND INDUSTRY AND THE STATE 600 CORPORATION COMMISSION, APPOINT THE CLERK OF THE 610 STATE CORPORATION COMMISSION ITS ATTORNEY OR AGENT 620 UPON WHOM ALL LEGAL PROCESS AGAINST THE UNION OR 630 ORGANIZATION MAY BE SERVED. THIS SHALL BE DONE AS 640 PROVIDED FOR IN CASES OF FOREIGN CORPORATIONS. 650 (I) ANY VIOLATION OF THE PROVISIONS OF THIS ARTICLE BY ANY 660 PERSON, FIRM, ASSOCIATION, CORPORATION, OR LABOR 670 UNION OR ORGANIZATION SHALL BE A MISDEMEANOR, AND, 680 UPON CONVICTION THEREOF IN A COURT OF COMPETENT 690 JURISDICTION, SHALL BE PUNISHED BY IMPRISONMENT FOR 700 NOT LESS THAN TEN NOR MORE THAN 30 DAYS OR BY A FINE 710 OF NOT LESS THAN TEN NOR MORE THAN ONE THOUSAND 720 DOLLARS OR BY BOTH IN THE DISCRETION OF THE COURT. 730 SECTION 2. BE IT FURTHER ENACTED, that this act take effect 740 July 1,2000. 750 MANDATES: President Bill Clinton 760 Speaker of the U.S. House of Representatives Dennis Hastert 770 Governor Parris Glendening 780 Lt. Governor Kathleen Kennedy Townsend 790 President of the Maryland Senate Thomas V. Mike Miller, Jr. 800 Speaker of the Maryland House of Delegates Casper R. Taylor, Jr. 810 NLRB General Counsel Fred Feinstein 820 Secretary of Labor, Licensing, & Regulation John P. O'Connor Ben Decker Western Maryland College PO Box 338 2 College Hill Westminster, MD 21157 410-751-8324 bendex7@hotmail.com