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Senate committee advances bill conditioning economic incentives on employee secret-ballot rights and privacy

5492674 · January 31, 2025
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Summary

The Senate Labor Committee advanced bill 28-49, which would require recipients of state economic development incentives to preserve employees' right to NLRB secret-ballot elections, bar disclosure of employee contact information without consent, prohibit neutrality agreements and allow the state to recover incentives for noncompliance.

The Senate Labor Committee voted to report out bill 28-49, a measure that would attach labor-related conditions to state economic development incentives. The bill would bar employers who receive state incentives from granting recognition to a labor organization solely on the basis of signed authorization cards where a National Labor Relations Board secret-ballot election could instead be used. It would also prohibit employers from voluntarily disclosing employees' personal contact information to labor organizations without prior written consent, ban neutrality agreements with labor organizations, and require reporting of violations to the Mississippi Attorney General.

A committee reader summarized the bill: "An employer must not grant recognition rights for employees solely and exclusively on the basis of signed union authorization card if the selection of a bargaining representative may instead be conducted through secret ballot elections by the National Labor Relations Board or the NLRB." The reader also described provisions that would let the state require a separate agreement with incentive recipients "reserving the right of the state to recover the monies dispersed by the state if the recipient benefiting from such incentive fails to comply with this act."

The committee record identifies Senator Harkins as the bill sponsor. The chair told members the measure is double-referred to Labor and Finance and walked through the bill's sections, including findings that the state may set terms in connection with awards of economic development incentives and an intent statement conditioning incentives on employers not waiving secret-ballot rights.

Committee members did not register formal opposition on the transcript; the chair called for a motion and recorded, "The ayes have it. The bill will be reported." The record does not include a roll-call tally or named mover/second.

Key elements described in the committee summary on the record: - Employers receiving state economic development incentives would not be allowed to recognize a labor organization solely on the basis of signed authorization cards where an NLRB secret-ballot election could be held. - Employers could not voluntarily disclose employees' personal contact information to labor organizations or third parties without prior written consent unless required by law. - Employers would be barred from entering neutrality agreements with labor organizations and could not require subcontractors to enter such agreements as a condition of performing work. - The state could include a clause in incentive agreements to recover distributed funds if recipients fail to comply.

The bill was advanced out of committee for further consideration in the legislative process.