130.028. Prohibitions against certain discrimination or intimidation relating to elections--contributions by employees, payroll deduction, when.
Prohibitions against certain discrimination or intimidation relatingto elections--contributions by employees, payroll deduction, when.
130.028. 1. Every person, labor organization, orcorporation organized or existing by virtue of the laws of thisstate, or doing business in this state who shall:
(1) Discriminate or threaten to discriminate against anymember in this state with respect to his membership, or dischargeor discriminate or threaten to discriminate against any employeein this state, with respect to his compensation, terms,conditions or privileges of employment by reason of his politicalbeliefs or opinions; or
(2) Coerce or attempt to coerce, intimidate or bribe anymember or employee to vote or refrain from voting for anycandidate at any election in this state; or
(3) Coerce or attempt to coerce, intimidate or bribe anymember or employee to vote or refrain from voting for any issueat any election in this state; or
(4) Make any member or employee as a condition ofmembership or employment, contribute to any candidate, politicalcommittee or separate political fund; or
(5) Discriminate or threaten to discriminate against anymember or employee in this state for contributing or refusing tocontribute to any candidate, political committee or separatepolitical fund with respect to the privileges of membership orwith respect to his employment and the compensation, terms,conditions or privileges related thereto shall be guilty of amisdemeanor, and upon conviction thereof be punished by a fine ofnot more than five thousand dollars and confinement for not morethan six months, or both, provided, after January 1, 1979, theviolation of this subsection shall be a class D felony.
2. No employer, corporation, continuing committee, or labororganization shall receive or cause to be made contributions fromits members or employees except on the advance voluntarypermission of the members or employees. Violation of thissection by the corporation, employer, continuing committee orlabor organization shall be a class A misdemeanor.
3. An employer shall, upon written request by ten or moreemployees, provide its employees with the option of contributingto a continuing committee as defined in section 130.011 throughpayroll deduction, if the employer has a system of payrolldeduction. No contribution to a continuing committee from anemployee through payroll deduction shall be made other than to acontinuing committee voluntarily chosen by the employee.Violation of this section shall be a class A misdemeanor.
4. Any person aggrieved by any act prohibited by thissection shall, in addition to any other remedy provided by law,be entitled to maintain within one year from the date of theprohibited act, a civil action in the courts of this state, andif successful, he shall be awarded civil damages of not less thanone hundred dollars and not more than one thousand dollars,together with his costs, including reasonable attorney's fees.Each violation shall be a separate cause of action.
(L. 1978 S.B. 839, A.L. 1994 S.B. 650)Effective 1-1-95