Louisiana § RS 23:984 - Certain agreements declared illegal; governmental interference prohibited; policy

§ RS 23:984. Certain agreements declared illegal; governmental interference prohibited; policy

A.  Any agreement, contract, understanding or practice, written or oral, implied or expressed, between any employer and any labor organization in violation of the provisions of this Part is hereby declared to be unlawful, null and void, and of no legal effect.

B.  No governmental body may pass any law, ordinance, or regulation, or impose any contractual, zoning, permitting, licensing, or other condition on employers' or employees' full freedom to act under the federal labor laws.  Such prohibited actions shall include but not be limited to:

(1)  Conditioning any purchase, sale, lease, or other business or commercial transaction between any employers on waiver or limitation of any right those employers may have under the federal labor laws.

(2)  Conditioning any regulatory, zoning, permitting, licensing, or any other governmental requirement with any employer on waiver or limitation of any right the employer may have under the federal labor laws.

(3)  Enacting any ordinance, regulation, or other action that waives or limits any right the employer may have under the federal labor laws.

(4)  Conditioning or requiring any employer to not deal with another employer on waiver or limitation of any right either employer may have under the federal labor laws.

C.  An employer or employee is entitled to and shall receive injunctive relief necessary to prevent any violations of this Section.

D.  For the purposes of this Section:

(1)  "Employer" means a person, association, or legal or commercial entity receiving services from an employee and, in return, giving compensation of any kind to such employee.

(2)  "Federal labor laws" means the National Labor Relations Act and the Labor Management Relations Act, hereinafter collectively referred to as "the Acts", presidential executive orders issued relating to labor/management or employee/employer issues and the United States Constitution as amended and as construed by the federal courts.  The rights protected under the federal labor laws include but are not limited to:

(a)  An employer's or employee's right to express views on unionization and any other labor relations issues to the full extent allowed by the First Amendment of the United States Constitution and Section 8(c) of the National Labor Relations Act.

(b)  An employer's right to demand, and an employee's right to participate in, a secret ballot election under the Acts, including without limitation, the full procedural protections afforded by the Acts for defining the unit, conducting the election campaign and election, and making any challenges or objections thereto.

(c)  An employer's right to not release employee information to the maximum extent allowed by the Acts.

(d)  An employee's right to maintain the confidentiality of his or her employee information to the maximum extent allowed by the Acts.

(e)  An employer's right to restrict access to its property or business to the maximum extent allowed by the Acts.

(3)  "Governmental body" means any local government or its subdivision, including but not limited to cities, parishes, municipalities, and any public body, agency, board, commission or other governmental, quasi governmental, or quasi public body or any body that acts or purports to act in a commercial, business, economic development, or like capacity of local government or its subdivision.

Added by Acts 1976, No. 97, §1; Acts 2001, No. 1190, §2, eff. June 29, 2001.