Signed by Governor Jan Brewer

Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for protesting labor unions and employees.

Highlights:

• Expands "harassment" to include unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity, engaging in a secondary boycott, and defamation (Sec. 1).

• Defines "concerted interference with lawful exercise of business activity" as the use of force, intimidation, violence, threats of unlawful activity for the destruction of the employer's real or intangible property (Sec 4).

• Prohibits protesters from preventing or attempting to prevent an employer from engaging in any of the following (Sec. 4):
• Engaging in any proper and lawful business activity;
• Properly, lawfully, or peacefully using or enjoying the employer's property that is used or useful in the conduct of the employer's business;
• Acquiring materials or supplies for the purposes of the employer's business;
• Disposing of the goods, ware, or products of the employer's business; or
• Causing or inducing a breach or termination of a known contractual relationship or known business expectancy for an improper purpose, which results in damage to the employer.

• Prohibits a labor organization from engaging in picketing or inducing others to engage in picketing if the purpose of the picketing is to coerce or induce an employer or self-employed person to join or contribute to a labor organization (Sec. 5).

• Authorizes any party injured by prohibited picketing, trespassory assembly, prohibited mass assembly, or concerted interference with any authorized exercise of business activity to seek injunctive relief and makes all these activities liable to any person injured by the activities for damages (Sec. 6).

• Establishes that persons conducting any of these actions is liable to persons injured by these activities for damages, prejudgment interest, litigation costs and reasonable attorney fees; these damages include lost sales and business (Sec. 6).

• Specifies that a person commits defamation of an employer by doing all of the following (Sec. 8):
• "Maliciously" making a false statement about the employer to a third party without privilege;
• Knowingly, "recklessly," or negligently disregarding the falsity of the statement; and
• Causing damage to the employer by the false statement.

• Authorizes the employer injured by defamation to obtain an injunctive relief and makes the person who committed the defamation liable to the injured party (Sec. 8).

• Specifies that a labor union or subdivision or local chapter of a labor organization is bound by and liable for the acts of its agents and may sue or be sued in its common name (Sec. 8).

• Requires the Secretary of State to establish a no-trespass public notice list identifying employers in Arizona who have established private property rights to their establishment (Sec. 8).

Full Bill Text