23-1421. ARTICLE 7. PROHIBITED PUBLIC SECTOR UNION EMPLOYMENT BARGAINS
1. "EMPLOYMENT BARGAIN" MEANS ANY FORMAL OR INFORMAL EMPLOYMENT CONTRACT, AGREEMENT OR UNDERSTANDING REGARDING THE WAGES, BENEFITS
OR TERMS AND CONDITIONS OF EMPLOYMENT OF ANY PUBLIC EMPLOYEE.
2. "PUBLIC EMPLOYEE" MEANS ANY INDIVIDUAL WHO IS EMPLOYED BY A PUBLIC EMPLOYER.
3. "UNION" MEANS ANY ASSOCIATION OR ORGANIZATION, INCORPORATED OR UNINCORPORATED, THAT PRIMARILY EXISTS TO REPRESENT THE INTERESTS OF MEMBER EMPLOYEES IN WAGES, BENEFITS, AND TERMS AND CONDITIONS OF EMPLOYMENT.
23-1422. Public employees; unions; prohibitions; enforcement
A. NO STATE AGENCY OR POLITICAL SUBDIVISION OF THIS STATE IS VESTED OR POSSESSES ANY AUTHORITY TO:
1. RECOGNIZE ANY UNION AS A BARGAINING AGENT OF ANY PUBLIC OFFICER OR EMPLOYEE.
2. COLLECTIVELY BARGAIN OR ENTER INTO ANY EMPLOYMENT BARGAIN WITH ANY UNION OR ITS AGENTS.
3. MEET AND CONFER WITH ANY UNION THAT REPRESENTS ANY PUBLIC OFFICER OR PUBLIC EMPLOYEE FOR THE PURPOSE OF DISCUSSING OR REACHING ANY
EMPLOYMENT BARGAIN.
B. ANY EMPLOYMENT BARGAIN BETWEEN THE GOVERNING AUTHORITY OF ANY STATE AGENCY OR POLITICAL SUBDIVISION, OR BETWEEN ANY AGENCY, UNIT OR INSTRUMENTALITY THEREOF, AND ANY UNION AS BARGAINING AGENT FOR ANY PUBLIC OFFICER OR PUBLIC EMPLOYEE, IS HEREBY DECLARED TO BE AGAINST PUBLIC POLICY OF THIS STATE, ILLEGAL, UNLAWFUL, VOID AND OF NO EFFECT.
C. ANY POLICY, RULE OR REGULATION OF ANY STATE AGENCY OR POLITICALSUBDIVISION OF THIS STATE THAT INCORPORATES THE TERMS AND CONDITIONS OF ANY EMPLOYMENT BARGAIN THAT VIOLATES THIS SECTION IS VOID.
D. THIS SECTION DOES NOT APPLY TO ANY EXISTING NON EXECUTORY CONTRACTS IN EFFECT BEFORE THE EFFECTIVE DATE OF THIS SECTION BUT AN EXISTING CONTRACT
SHALL NOT BE RENEWED IF THE CONTRACT HAS ANY TERMS THAT CONFLICT WITH THIS
SECTION.
E. THE ATTORNEY GENERAL SHALL ENFORCE THIS SECTION. ANY TAXPAYER OF
THE JURISDICTION IN WHICH A VIOLATION OF THIS SECTION OCCURS HAS STANDING IN
ANY COURT OF RECORD TO BRING A SPECIAL ACTION AGAINST ANY AGENT OR AGENCY OF THIS STATE OR ITS POLITICAL SUBDIVISIONS TO REMEDY ANY VIOLATION OF ANY
PROVISION OF THIS SECTION.
House Amendments to H.B. 2571
(Proposed) 41-745. Covered and Uncovered service
A. EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION OR SECTION
41-742, SUBSECTION A, AN EMPLOYEE UNDER COVERED SERVICE IS ENTITLED TO
CONTINUE TO BE A COVERED EMPLOYEE AS LONG AS THE EMPLOYEE REMAINS IN COVERED
STATUS WITHOUT A BREAK IN SERVICE OR AS OTHERWISE PROVIDED BY LAW.
PROBATIONARY STATUS EMPLOYEES ARE REQUIRED TO COMPLETE THEIR PROBATIONARY
PERIOD BEFORE OBTAINING RIGHTS OF APPEAL. ON SUCCESSFULLY COMPLETING A
PROBATIONARY PERIOD, AN EMPLOYEE IN COVERED SERVICE IS ENTITLED TO HAVE
APPEAL RIGHTS AS PROVIDED IN THIS ARTICLE OR CHAPTER 12, ARTICLE 10 OF THIS
TITLE, AS APPLICABLE.
B. EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, UNCOVERED
SERVICE CONSISTS OF ALL EMPLOYEES IN THE STATE AGENCIES NOT INCLUDED IN THE
COVERED SERVICE. EMPLOYEES IN UNCOVERED SERVICE ARE EMPLOYEES AT WILL AND
ARE NOT ENTITLED TO APPEAL RIGHTS.
C. A POSITION DESIGNATED AS A FULL AUTHORITY PEACE OFFICER BY THE
ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD OR DESIGNATED AS A
CORRECTIONAL OFFICER I, CORRECTIONAL OFFICER II OR CORRECTIONAL OFFICER III
SHALL BE IN THE COVERED AND UNCOVERED SERVICE AS FOLLOWS:
1. IF, ON SEPTEMBER 29, 2012, THE POSITION IS FILLED WITH AN UNCOVERED
EMPLOYEE, THE POSITION SHALL REMAIN IN THE UNCOVERED SERVICE FOR ALL FUTURE
APPOINTMENTS TO THAT POSITION.
2. IF, ON SEPTEMBER 29, 2012, THE POSITION IS FILLED WITH A COVERED
EMPLOYEE WHO WAS IN THE STATE SERVICE OR EMPLOYED UNDER THE LAW ENFORCEMENT
MERIT SYSTEM COUNCIL AND THE EMPLOYEE DOES NOT VOLUNTARILY ELECT TO BECOME AN
AT WILL UNCOVERED EMPLOYEE, THE POSITION SHALL REMAIN IN THE COVERED SERVICE
FOR THE CURRENT INCUMBENT AND ALL FUTURE APPOINTMENTS TO THAT POSITION.
3. IF, ON OR AFTER SEPTEMBER 29, 2012, AN EMPLOYEE IN THE COVERED
SERVICE VOLUNTARILY ELECTS TO BECOME AN AT WILL UNCOVERED EMPLOYEE, THE
POSITION SHALL REMAIN IN THE UNCOVERED SERVICE FOR ALL FUTURE APPOINTMENTS TO
THAT POSITION.
E. ON OR AFTER SEPTEMBER 29, 2012, IS A CORRECTIONAL OFFICER I,7
CORRECTIONAL OFFICER II OR CORRECTIONAL OFFICER III AND IS APPOINTED TO A8
POSITION IN THE COVERED SERVICE, BUT DOES NOT INCLUDE A POSITION IN ANY OTHER9
CLASS IN THE CORRECTIONAL OFFICER CLASS SERIES, THE COMMUNITY CORRECTIONAL10
OFFICER CLASS SERIES OR ANY OTHER CORRECTIONAL CLASS SERIES.11
(Proposed) 41-745. Covered and Uncovered service
A. EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION OR SECTION
41-742, SUBSECTION A, AN EMPLOYEE UNDER COVERED SERVICE IS ENTITLED TO
CONTINUE TO BE A COVERED EMPLOYEE AS LONG AS THE EMPLOYEE REMAINS IN COVERED
STATUS WITHOUT A BREAK IN SERVICE OR AS OTHERWISE PROVIDED BY LAW.
PROBATIONARY STATUS EMPLOYEES ARE REQUIRED TO COMPLETE THEIR PROBATIONARY
PERIOD BEFORE OBTAINING RIGHTS OF APPEAL. ON SUCCESSFULLY COMPLETING A
PROBATIONARY PERIOD, AN EMPLOYEE IN COVERED SERVICE IS ENTITLED TO HAVE
APPEAL RIGHTS AS PROVIDED IN THIS ARTICLE OR CHAPTER 12, ARTICLE 10 OF THIS
TITLE, AS APPLICABLE.
B. EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, UNCOVERED
SERVICE CONSISTS OF ALL EMPLOYEES IN THE STATE AGENCIES NOT INCLUDED IN THE
COVERED SERVICE. EMPLOYEES IN UNCOVERED SERVICE ARE EMPLOYEES AT WILL AND
ARE NOT ENTITLED TO APPEAL RIGHTS.
C. A POSITION DESIGNATED AS A FULL AUTHORITY PEACE OFFICER BY THE
ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD OR DESIGNATED AS A
CORRECTIONAL OFFICER I, CORRECTIONAL OFFICER II OR CORRECTIONAL OFFICER III
SHALL BE IN THE COVERED AND UNCOVERED SERVICE AS FOLLOWS:
1. IF, ON SEPTEMBER 29, 2012, THE POSITION IS FILLED WITH AN UNCOVERED
EMPLOYEE, THE POSITION SHALL REMAIN IN THE UNCOVERED SERVICE FOR ALL FUTURE
APPOINTMENTS TO THAT POSITION.
2. IF, ON SEPTEMBER 29, 2012, THE POSITION IS FILLED WITH A COVERED
EMPLOYEE WHO WAS IN THE STATE SERVICE OR EMPLOYED UNDER THE LAW ENFORCEMENT
MERIT SYSTEM COUNCIL AND THE EMPLOYEE DOES NOT VOLUNTARILY ELECT TO BECOME AN
AT WILL UNCOVERED EMPLOYEE, THE POSITION SHALL REMAIN IN THE COVERED SERVICE
FOR THE CURRENT INCUMBENT AND ALL FUTURE APPOINTMENTS TO THAT POSITION.
3. IF, ON OR AFTER SEPTEMBER 29, 2012, AN EMPLOYEE IN THE COVERED
SERVICE VOLUNTARILY ELECTS TO BECOME AN AT WILL UNCOVERED EMPLOYEE, THE
POSITION SHALL REMAIN IN THE UNCOVERED SERVICE FOR ALL FUTURE APPOINTMENTS TO
THAT POSITION.
E. ON OR AFTER SEPTEMBER 29, 2012, IS A CORRECTIONAL OFFICER I,7
CORRECTIONAL OFFICER II OR CORRECTIONAL OFFICER III AND IS APPOINTED TO A8
POSITION IN THE COVERED SERVICE, BUT DOES NOT INCLUDE A POSITION IN ANY OTHER9
CLASS IN THE CORRECTIONAL OFFICER CLASS SERIES, THE COMMUNITY CORRECTIONAL10
OFFICER CLASS SERIES OR ANY OTHER CORRECTIONAL CLASS SERIES.11
Legislative News
23-361.02. Paycheck deductions; authorization; civil penalty; definition
A. For deductions after October 1, 2011, a public employer in this state shall not deduct any THIRD PARTY payment from an employee's paycheck unless the employee annually provides EXPRESS written or electronic authorization to the employer for the deduction.
B. The attorney general shall adopt rules that describe the acceptable forms of
employee authorization and entity statements under this section.
C. If an PUBLIC employer knowingly deducts payments in violation of subsection A
of this section 22, The employer is subject to a civil penalty of at least ten thousand dollars
for each violation. The attorney general shall impose and collect the civil penalties under
this subsection and shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected pursuant to this section in the state general fund.
D. This section does not apply to any of the following:
1. Deductions for state, local or federal taxes.
2. Any deduction otherwise required by law.
E. If an employee has authorized a deduction from the employee's paycheck under this
section and the employee resigns membership in the association or organization for which
the deduction was authorized, the employee's authorization for the deduction is rescinded
upon the employer's receipt from the employee of written notice of the resignation. The employer shall have one pay period to process the rescission.
F. This section does not preempt any federal law.
SB 1485 Unions; Public Employees; Prohibitions
SB 1486 Public Employees; Activities; Unions; Compensation
SB 1487 Government Employees; Union Dues; Withholding
SB 1484 Paycheck Deductions
23-1421. Definitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
"EMPLOYMENT BARGAIN" MEANS ANY FORMAL OR INFORMAL EMPLOYMENT CONTRACT, AGREEMENT OR UNDERSTANDING REGARDING THE WAGES, BENEFITS OR TERMS
AND CONDITIONS OF EMPLOYMENT OF ANY PUBLIC EMPLOYEE. "PUBLIC EMPLOYEE" MEANS ANY INDIVIDUAL WHO IS EMPLOYED BY A PUBLIC EMPLOYER.
"PUBLIC EMPLOYER" MEANS ANY BRANCH, DEPARTMENT, DIVISION, OFFICE, AGENCY OR POLITICAL SUBDIVISION OF THIS STATE THAT HAS EMPLOYEES.
"UNION" MEANS ANY ASSOCIATION OR ORGANIZATION, INCORPORATED OR UNINCORPORATED, THAT PRIMARILY EXISTS TO REPRESENT THE INTERESTS
OF MEMBER EMPLOYEES IN WAGES, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT.
"UNION ACTIVITIES" MEANS ACTIVITIES THAT ARE PERFORMED BY A UNION, UNION MEMBERS OR REPRESENTATIVES THAT RELATE TO ADVOCATING THE INTERESTS
OF MEMBER EMPLOYEES IN WAGES, BENEFITS, TERMS AND CONDITIONS OF EMPLOYMENT OR THE ENFORCEMENT, FULFILLMENT OR ADVANCEMENT OF
HE UNION'S ORGANIZATIONAL PURPOSES, OBLIGATIONS, EXTERNAL RELATIONS
OR INTERNAL POLICIES AND PROCEDURES.
23-1422. Public employee compensation; enforcement
A. A PUBLIC EMPLOYER SHALL NOT ENTER INTO ANY EMPLOYMENT BARGAIN WITH
ANY PUBLIC EMPLOYEE OR UNION TO COMPENSATE ANY PUBLIC EMPLOYEE OR
THIRD PARTY FOR UNION ACTIVITIES. ANY EMPLOYMENT BARGAIN THAT
INCLUDES COMPENSATION TO PUBLIC EMPLOYEES OR THIRD PARTIES FOR
UNION ACTIVITIES IS DECLARED TO BE AGAINST THE PUBLIC POLICY OF
THIS STATE AND IS VOID.
B. THIS SECTION DOES NOT PROHIBIT A PUBLIC EMPLOYEE FROM RECEIVING
COMPENSATED LEAVE TIME FOR ANY PERSONAL PURPOSE IF THE LEAVE
TIME IS NOTKNOWINGLY TAKEN OR GIVEN TO COMPENSATE FOR
UNION ACTIVITIES.
C. THIS SECTION DOES NOT APPLY TO ANY EXISTING NON EXECUTORY CONTRACTS
IN EFFECT BEFORE THE EFFECTIVE DATE OF THIS SECTION BUT AN EXISTING
CONTRACT SHALL NOT BE RENEWED IF THE CONTRACT HAS ANY TERMS THAT
CONFLICT WITH THIS SECTION.5
D. THE ATTORNEY GENERAL SHALL ENFORCE THIS SECTION. ANY TAXPAYER OF THE JURISDICTION IN WHICH A VIOLATION OF THIS SECTION OCCURS HAS STANDING
IN ANY COURT OF RECORD TO BRING A SPECIAL ACTION AGAINST ANY AGENT
OR AGENCY OF THIS STATE OR ITS POLITICAL SUBDIVISIONS TO REMEDY ANY
VIOLATION OF ANY PROVISION OF THIS SECTION.
23-1423. State preemption of inconsistent local laws
THE PROHIBITION OF PUBLIC SECTOR UNION EMPLOYMENT BARGAINS IS A MATTER
OF STATEWIDE CONCERN. THE REGULATION OF PUBLIC SECTOR UNION
EMPLOYMENT BARGAINS PURSUANT TO THIS ARTICLE IS NOT SUBJECT TO
FURTHER INCONSISTENT REGULATION BY A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS
23-352. Withholding of wages
No employer may withhold or divert any portion of an employee's wages unless one of the following applies:
1. The employer is required or empowered to do so by state or federal law.
2. EXCEPT AS PROVIDED IN SUBSECTION B OF THIS SECTION, the employer has prior written authorization from the employee. An employer shall not withhold wages
under a written authorization from the employee past the date specified by the
employee in a written revocation of the authorization, unless the withholding is
to resolve a debt or obligation to the employer or a court orders otherwise.
3. There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counter claim or any claim of debt, reimbursement, recoupment
or set-off asserted by the employer against the employee.
THIS STATE AND ANY COUNTY, MUNICIPALITY, SCHOOL DISTRICT OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT WITHHOLD OR DIVERT ANY PORTION OF AN EMPLOYEE'S WAGES TO PAY FOR LABOR ORGANIZATION DUES.
38-612. Administration of payroll salary deductions
A. There shall be no payroll salary deductions from the compensation of state officers or employees except as specifically authorized by federal law or regulation or by a statute
of this state. No administrative agency of this state may authorize any other deduction.
B. In addition to those payroll salary deductions required by federal law or regulation
or by statute, state officers or employees may authorize deductions to be made from
their salaries or wages for the payment of:
1. Premiums on any health benefits, disability plans or group life plans provided for
by statute and any existing insurance programs already provided by
payroll deduction.
2. Shares or obligations to any state or federally chartered credit union established primarily for the purpose of serving state officers and employees and
their families.
3. Deferred compensation or tax sheltered annuity salary reductions when made under approved plans.
4. Federal savings bond plans.
5. Recurrent fees, charges or other payments payable to a state agency under a collection plan approved by the director of the department of administration.
6. Contributions made to a charitable organization: Organized and operated exclusively
for charitable purposes and selected by the presidents of the state universities.
Employees of the state universities shall be advised by form of the charitable
organizations to which they may contribute through payroll salary deductions.
The advisory provided under this subdivision shall be substantially similar to the
following and prominently printed: "You may contribute to any charitable organization registered under internal revenue code section 501(c)(3), tax exempt status. Charitable organization name" This subdivision applies only to academic personnel and
nonacademic employees of the state universities. Organized and operated exclusively
for charitable purposes, provided a fund drive by such an organization shall be applicable
to all state agencies except the state universities covered under subdivision of this
paragraph and no state officer or employee of state agencies subject to this subdivision
may authorize more than one deduction for charitable purposes to be in effect at the
same time. This subdivision applies to all state agencies except the universities
covered under subdivision of this paragraph.
7. Contributions made for the purpose of contributing to a fund raising campaign for a university or a club for faculty or staff, or both, which is recognized by the
university president and authorized by the Arizona board of regents. This
paragraph applies only to academic personnel and nonacademic employees
of the state universities.
8. Charges payable for transportation expenses pursuant to section 41-786.
9. Payments ordered by courts of competent jurisdiction within this state.
10. Automobile or homeowner's insurance premiums.
11. Premiums for the following state sponsored group benefits that are established primarily for the purpose of serving state officers and employees and
their families:
(a) Long-term care insurance.
(b) Critical care insurance.
(c) Prepaid legal services.
(d) Identity theft protection services.
12. A computer system as defined in section 13-2301 for personal use. For those state officers and employees under payroll systems which are under the direction of the
director of the department of administration, the director shall provide for the
administration of payroll deductions for the purposes set forth in this section. For all
other state officers and employees and for persons receiving allowances or benefits
under other state payroll and retirement systems, the appropriate state officer shall
provide for such administration of payroll deductions. Such administration shall
operate without cost or contribution from the state other than the incidental expense
of making the deductions and remittances to the payees. If any payee requests
additional services, the director of the department of administration or any other
appropriate state officer may require payment for the additional cost of providing
such services. As a means of readily identifying the employee from whom payroll
deductions are to be made, the state officer administering payroll deductions may
request an employee to enter such employee's social security identification number
on the payroll deduction authorization. Such number shall not be used for any
other purpose. The state, the director of the department of administration or any
other appropriate state officer shall be relieved of any liability to employees
authorizing deductions or organizations receiving deductions that may result
from authorizations pursuant to this section.
Below: Please read the Legislative Updates