Title 36
Public Officers and Employees

Chapter 11
Organization of State Employees

§ 36-11-2. Discrimination because of membership in employee organization prohibited.

(a) There shall be no discrimination against any state employee because the employee has formed, joined, or chosen to be represented by any labor or employee organization.

(b) Supervisory employees shall not endorse any particular labor or employee organization or by reason of membership in any organization, show prejudice or discriminate against any individual employee.

(c) Membership in any labor or employee organization may be determined by each individual employee and each individual member. Membership dues or fees are established in amounts as determined by the organization.

(d) The state controller shall hereby be directed, upon certification of the exclusive bargaining organization, to deduct biweekly membership dues from the employee’s salary and remit the amount to the treasurer of the exclusive bargaining organization.

(e) Any employees in the bargaining unit, who are not members of the exclusive bargaining representative organization, may be required by the labor or employee organization to pay a reasonable charge for grievances and/or arbitrations brought at the nonmember’s request.

(f) The employer shall notify the exclusive bargaining unit representative organization of the hiring of any employee in the bargaining unit. The notice shall be given promptly after the hiring decision is made but in no event later than the fifth business day following the employee’s start date.

(g) Bargaining unit lists.

(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit, and any statewide employee organization, of which the local employee organization is an affiliate, with a list of all employees in that bargaining unit.

(2) The list shall include, as appropriate, each employee’s employee ID number, first name, last name, work location/department, job title/classification, date of hire, date of birth, demographic information, contact information, and whether the employee has, to the employer’s records, authorized dues deduction. As used in this section, “demographic information” includes the employee’s sex and race/ethnicity, to the extent the employer is in possession of such information. As used in this section, “contact information” includes an employee’s home address, mailing address, work email address, personal email address, and home and personal cellular telephone numbers, to the extent that the employer is in possession of such information.

(3) To the extent possible, the employee list shall be in alphabetical order by last name and provided as an electronic spreadsheet with one column for each of the data listed in subsection (g)(2) of this section.

(4) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under chapter 2 of title 38 (“access to public records”).