TITLE 44

LABOR

CHAPTER 26

VOLUNTARY CONTRIBUTIONS ACT

44-2603.  Limits on labor organization contributions. 

(1)  (a) A labor organization may only make expenditures for political activities if the labor organization establishes a separate segregated fund that meets the requirements of this chapter.

(b)  The labor organization shall ensure that:

(i)   In soliciting contributions for the fund, the solicitor discloses, in clear and unambiguous language on the face of the solicitation, that contributions are voluntary and that the fund is a political fund and will be expended for political activities;

(ii)  Union dues are not used for political activities, transferred to the fund, or intermingled in any way with fund moneys;

(iii) The cost of administering the fund is paid from fund contributions and not from union dues; and

(iv)  Each contribution is voluntary and shall be made by the member and may not come from or be remitted by the employer of the member.

(2)  At the time the labor organization is soliciting contributions for the fund from an employee, the labor organization shall:

(a)  Affirmatively inform the employee, orally or in writing, of the fund’s political purpose; and

(b)  Affirmatively inform the employee, orally or in writing, of the employee’s right to refuse to contribute without fear of reprisal or loss of membership in the labor organization.

(3)  The labor organization has the burden of proof to establish that the requirements of subsections (1)(b) and (2) of this section are met.

(4)  Notwithstanding the requirements of subsection (1)(b)(ii) of this section, a labor organization may use union dues to lobby or communicate directly with its own members about political candidates, ballot measures, and other political issues.

History:

[44-2603, added 2003, ch. 97, sec. 1, p. 312; am. 2003, ch. 340, sec. 2, p. 917.]