Public employee unions could limit individual case help for nonmembers

A labor organization would not have to provide individual case help to a nonmember who is not paying dues when they request it. This applies to public employees who are not dues-paying members when they request individual representation. The listed help includes representation in grievances, discipline, investigations, and arbitration, plus related individual advocacy. For a dispute about interpreting or enforcing the agreement, the organization would decide whether to represent the nonmember. If it agrees, it could charge a reasonable fee up to the actual cost of the services. The organization and nonmember could make a written agreement for individual representation, consistent with this section. The bill says the organization would still bargain for all employees in the unit and administer the agreement without discrimination. These rules would apply to collective bargaining agreements entered into or renewed on or after the Act’s effective date.

A nonmember could represent themselves or choose a lawyer or another representative in some proceedings. This applies to nonmember public employees in workplace proceedings. In a proceeding unrelated to interpreting or enforcing the agreement, the employee could choose their own representation. In a proceeding about the agreement, this choice would apply if the organization declines to represent the employee. Both options would be subject to reasonable employer procedures. These rules would apply to collective bargaining agreements entered into or renewed on or after the Act’s effective date.