S 1143

112th CONGRESS
1st Session

S. 1143

To amend title 5, United States Code, to provide that agencies may not deduct labor organization dues from the pay of Federal employees, and for other purposes.

IN THE SENATE OF THE UNITED STATES

June 6, 2011

Mr. DEMINT introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL

To amend title 5, United States Code, to provide that agencies may not deduct labor organization dues from the pay of Federal employees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. LABOR ORGANIZATION DUES NOT DEDUCTIBLE FROM PAY.

    (a) In General- Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following:

`Sec. 7115. Labor organization dues not deductible from pay

    `(a) In General- An agency may not deduct any amount from the pay of an employee for the dues of a labor organization.

    `(b) Restriction- Appropriated funds may not be used to pay an employee who makes deductions described in subsection (a).

    `(c) Definition- For purposes of this section, the term `agency' means--

      `(1) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission;

      `(2) an office, agency, or other establishment in the legislative branch;

      `(3) an office, agency, or other establishment in the judicial branch; and

      `(4) the government of the District of Columbia.'.

    (b) Postal Service Amendment- Section 1205 of title 39, United States Code, is repealed.

    (c) Clerical Amendment- The table of sections at the beginning of chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7115 and inserting the following:

      `7115. Labor organization dues not deductible from pay.'.

SEC. 2. EFFECTIVE DATES; TRANSITION PROVISIONS.

    (a) Effective Date- The amendments made by this Act shall take effect on the date of enactment of this Act.

    (b) Transition Provisions-

      (1) CURRENT DEDUCTIONS FOR DUES OF AN EXCLUSIVE REPRESENTATIVE- Nothing in this Act shall, in the case of an assignment received before the date of enactment of this Act under subsection (a) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such assignment before--

        (A) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or

        (B) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment).

      (2) CURRENT DEDUCTIONS FOR DUES OF OTHER LABOR ORGANIZATIONS- Nothing in this Act shall, in the case of a voluntary allotment made before the date of enactment of this Act under subsection (c) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such allotment before the date on which the underlying agreement (under authority of which such allotment is being made) ceases to have effect, whether by reason of section 7115(c)(2)(B) of such title 5 (as last in effect before such date of enactment) or otherwise.

      (3) CURRENT DEDUCTIONS FOR DUES OF A LABOR ORGANIZATION FROM POSTAL SERVICE EMPLOYEES- Nothing in this Act shall, in the case of a written assignment received before the date of enactment of this Act under section 1205 of title 39, United States Code (as then in effect), cause the termination of such assignment before the date on which such assignment--

        (A) is revoked in accordance with such section (as last in effect before such date of enactment); or

        (B) otherwise expires.

    (c) Nonrenewability-

      (1) IN GENERAL- An agreement between an agency and a labor organization, entered into before the date of enactment of this Act under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension.

      (2) POSTAL SERVICE- A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension.

    (d) Definitions- For purposes of this section, the terms `agency', `exclusive representative', and `labor organization' have the respective meanings given such terms in section 7103 of title 5, United States Code.

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