Kodiak Right To Organize Act 678

ON RP DATE/REAL DATE THE FOLLOWING ACT/RESOLUTION WAS ENACTED/REJECTED BY THE GENERAL ASSEMBLY WITH ## AYE, ## NAY, ## ABSTAINS

Preamble

Whereas the right of every worker to organize, bargain collectively, and secure fair working conditions is a cornerstone of a just and equitable society; and whereas robust union protections are essential for safeguarding the democratic participation and economic security of all employees; now, therefore be it enacted as the Kodiak Right To Organize Act to affirm and strengthen these fundamental rights, promote balanced negotiations between labor and management, and ensure that every worker has the opportunity to join together for their mutual benefit and the advancement of a fair economy.

Article I - Act Title

1.1 - This act may be cited as the "Kodiak Right to Organize Act"

Article II - Findings and Purpose

2.1 - Findings:

2.1.1 - The right to organize, form unions, and bargain collectively is essential to the economic security and democratic participation of workers.

2.1.2 - Current labor laws allow for significant employer interference, intimidation, and retaliation, undermining the ability of workers to unionize freely.

2.1.3 - Strengthening union protections will lead to improved wages, safer working conditions, and a more equitable distribution of economic prosperity.

2.1.4 - The democratic participation of workers in their unions must be protected to ensure fair and representative governance within labor organizations.

2.2 - Purpose:

2.2.1 - Affirm and strengthen the right of workers to organize into unions without employer interference or retaliation

2.2.2 - Enhance collective bargaining rights to ensure fair negotiations and economic security for unionized workers.

2.2.3 - Expand protections for democratic participation within unions, ensuring that all members have a voice in governance and decision-making.

Article III - Creation of Title V, Chapter 11

3.1 - This article hereby deletes and creates Chapter 11, "Union Protection Laws," in Title V - Commerce and Labor.

Article IV - Creation of Section 1 - The Kodiak Right to Organize Act

4.1 - This article hereby creates section 1 - The Kodiak Right to Organize Act, under Title V - Commerce and Labor, Chapter 11 - Union Protection Laws.

Section 1 - The Kodiak Right to Organize Act

1.1 - Right To Organize into Unions.

1.1.1 - Public and Private sector employees shall have the right to organize into Unions within their company and industry.

1.2 - Employer Neutrality and Non-Interference.

1.2.1 - Employers are prohibited from conducting captive audience meetings designed to discourage unionization.

1.2.2 - Employers shall not retaliate, threaten, discipline, or terminate employees for participating in union organizing activities.

1.2.3 - Violations of this subsection shall result in substantial fines, immediate reinstatement of terminated workers, and potential criminal liability for repeated offenses.

1.3 - Sectoral Bargaining.

1.3.1 - The Ministry of Commerce and Labor shall establish mechanisms for industry-wide bargaining in key industries where workplace conditions are similar across multiple employers.

1.3.2 - Unions representing Fifteen percent (15%) of workers in an industry may negotiate industry-wide agreements, which shall be binding on all employers within that industry.

1.3.2.1 - Employers shall have representation in industry-wide agreement negotiations to make sure fairness is being treated for employers.

1.4 - Protecting Democratic Participation in Unions.

1.4.1 - Union Elections and Member Rights:

1.4.1.1 - All union members shall have the right to democratic elections for leadership positions, with secret ballots or secure electronic voting permitted.

1.4.1.2 - Employers shall be prohibited from interfering in internal union affairs.

1.4.2 - Protection Against Retaliation for Union Activity:

1.4.2.1 - Workers who participate in strikes, protests, or other union activities shall be protected from employer retaliation, including blacklisting, demotions, and barred from promotions or job opportunities.

1.4.2.2 - Union members shall have the right to access their workplace for union-related meetings and discussions outside the working hours.

Article 5 - Creation of Section 8 - National Labor Relations Board

5.1 - This article hereby deletes and creates Section 8 - National Labor Relations Board, under Title V - Commerce and Labor, Chapter 10 - Employment and Labor Laws.

Section 8 - National Labor Relations Board

8.1 - The Creation of The National Labor Relations Board:

8.1.1 - The National Labor Relations board shall be created as an independent government entity.

8.1.2 - The board shall ensure compliance with employment agreements and laws, promote compliance, act as an advisory service to employers and employees.

8.1.3 - The National Labor Relations Board shall have the authority to investigate and enforce labor law violations.

8.1.4 - The board upon the end of their investigation, if the violations are minor, the board will be allowed to issue the following on the investigated company:

8.1.4.1 - Cease and Desist Orders

8.1.4.2 - Small fines up to ₣100,000, anymore shall be decided by court decision.

8.1.5 - Any violations that are deemed more egregious shall be sent to the courts with recommendations from the board on punishment.

8.1.6 - Heavier punishments shall be determined in the courts, these punishments are the following:

8.1.6.1 - long-term sanctions

8.1.6.2 - larger fines

8.1.6.3 - criminal charges

8.1.6.4 - permanent measures

8.1.7 - Workers shall have the right to bring private lawsuits against employers who violate their rights under this act.

8.1.8 - Employers shall have the right for judicial review for a max period of 2 weeks to ensure due process is allowed, and clarification of labour violations, temporarily putting on hold orders or other enforcement until reviewed.

8.1.9 - Should employers disagree with a determination, employers should retain the right to appeal to the NLRB, or the courts, should they disagree with a violation, and have a determination overturned if it turns out it was incorrect.

8.2 - Whistleblower Protections:

8.2.1 - Employees who report labor law violations shall be protected from employer retaliation and shall be eligible for financial compensation if subjected to unlawful treatment.

8.3 - A formal agreement is any partnership between an employer and employee, or representation of an employee, that meets the following criteria[5]:

8.3.1 - The agreement improves the situation for employees more than the base situation described by Title 5 of the Kodiak Law Code.

8.3.2 - Ratification methods are described within the agreement.

8.3.3 - The agreement is ratified by both the employer and the employee.

8.3.4 - The agreement is submitted to the National Laboe Relations Board to be recorded.

8.4 - If a party is not fulfilling their obligations under the formal agreement, either party may redress with the National Labor Relations Board to appeal the issue.

Authored by Pierre Torrey, Commerce and Labor Minister, MGA of the Kodiak Workers' Alliance