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| Proposing to enact Section 22 of Article I of the | 1 |
| Constitution of the State of Ohio to prohibit | 2 |
| employees from being forced to participate in a | 3 |
| labor organization as a condition of employment. | 4 |
| Be it resolved by the General Assembly of the State of Ohio, | 5 |
| three-fifths of the members elected to each house concurring | 6 |
| herein, that there shall be submitted to the electors of the | 7 |
| state, in the manner prescribed by law at the general election to | 8 |
| be held on November 5, 2013, a proposal to enact Section 22 of | 9 |
| Article I of the Constitution of the State of Ohio to read as | 10 |
| follows: | 11 |
| 22. (A) No law, rule, agreement, or arrangement | 12 |
| shall require, directly or indirectly, any person to become or | 13 |
| remain a member of a labor organization. | 14 |
| (B) No law, rule, agreement, or arrangement shall require, | 15 |
| directly or indirectly, as a condition of employment, any person | 16 |
| or employer to pay or transfer any dues, fees, assessments, or | 17 |
| other charges of any kind, or anything else of value, to a labor | 18 |
| organization or third party in lieu of the labor organization. | 19 |
| (C) Nothing in this section shall prevent any person from | 20 |
| voluntarily belonging to or voluntarily providing support to a | 21 |
| labor organization or apply to agreements entered into or renewed | 22 |
| prior to January 1, 2014. | 23 |
| (D) No other provision of the Ohio Constitution shall impair | 24 |
| or limit the rights contained in this section. | 25 |
| (E) This section shall be implemented to the maximum extent | 26 |
| that the United States Constitution and federal law permit. Any | 27 |
| invalid or inoperative provisions shall first be construed as not | 28 |
| conflicting with federal law, and then, only if necessary, severed | 29 |
| from remaining portions of the section, which shall remain in | 30 |
| effect. | 31 |
| (F) Any person directly or indirectly affected or threatened | 32 |
| with any harm by a violation of this section may bring a civil or | 33 |
| equitable action to enforce this section, and, upon prevailing, | 34 |
| shall be entitled to injunctive relief, reasonable attorney's | 35 |
| fees, costs, and other damages. | 36 |
| (G) As used in this section: | 37 |
| (1) "Labor organization" means any agency, union, employee | 38 |
| representation committee, or organization of any kind that exists | 39 |
| for the purpose, in whole or in part, of dealing with employers | 40 |
| concerning collective bargaining, grievances, wages, benefits, | 41 |
| rates of pay, hours of work, other forms of compensation, or other | 42 |
| conditions of employment. | 43 |
| (2) "Person or employer" includes all persons and employers | 44 |
| in the State of Ohio, whether public or private, with the | 45 |
| exception of the federal government of the United States and its | 46 |
| employees. | 47 |
| (3) "Indirect" requirements include: | 48 |
| (a) The imposition of fines, penalties, or other costs or | 49 |
| charges for failing to become or remain a member of a labor | 50 |
| organization; | 51 |
| (b) The conditioning of public or private sector employment | 52 |
| or employment opportunities on becoming or remaining a member of a | 53 |
| labor organization; | 54 |
| (c) The conditioning of public or private sector employment | 55 |
| or employment opportunities on paying or transferring dues, fees, | 56 |
| assessments, other charges, or anything else of value to a labor | 57 |
| organization or a third party in lieu of the labor organization. | 58 |
| (4) "Fines, penalties, or other costs or charges" include any | 59 |
| civil, criminal, or contractual penalty; any fine, tax, or | 60 |
| monetary charge; and any salary or wage withholding or surcharge | 61 |
| or fee that is used to punish or discourage the exercise of rights | 62 |
| protected under this section. | 63 |
| 64 | |
| If adopted by a majority of the electors voting on this | 65 |
| proposal, Section 22 of Article I of the Constitution of the State | 66 |
| of Ohio takes effect January 1, 2014. | 67 |