336.135 Employee must give prior written consent for enrollment as member of

371 words·~2 min read·/ky/336-135

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

labor organization and deduction of membership dues -- Recordkeeping --

Report to members -- Exception.

(1)As used in this section, "employee" means any person employed by or suffered or

permitted to work for a public or private employer, except "employee" shall not

mean any person covered by the Federal Railway Labor Act and the National Labor

Relations Act.

(2)An employee shall not be enrolled as a member of a labor organization unless the

employee has affirmatively requested membership in writing.

(3)A sum shall not be withheld from the earnings of any employee for the purpose of

paying union dues or other fees paid by members of a labor organization or

employees who are non-members except upon the written or electronic

authorization of the employee member or employee non-member, unless the

employer is a public employer, in which case KRS 336.134 applies to that

employer.

(4)The requirements in this section shall not be waived by any member or non-

member of a labor organization, nor required to be waived as a condition of

obtaining or maintaining employment.

(5)Signing or refraining from signing the authorization set forth in subsections

(2)and

(3)of this section shall not be made a condition of obtaining or maintaining

employment.

(a)A labor organization shall maintain financial records substantially similar to

and no less comprehensive than the records required to be maintained under

29 U.S.C. sec. 431(b).

(b)These records shall be kept in a searchable electronic format and provided to

every employee it represents.

(c)The records and the data or summary by which the records can be verified,

explained, or clarified shall be kept for a period of not less than five

(5)years.

(d)A labor organization composed of public employees shall transmit financial

records detailing the labor organization's quarterly expenses to its members on

an annual basis.

(7)This section shall not apply to any agreement between employers and employees or

labor organizations entered into before January 9, 2017, but any such agreement

entered into, opted in, renewed, or extended on or after January 9, 2017, and which

violates this section shall be unlawful and void.

(8)This section shall be known as the "Paycheck Protection Act."