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HB 755

AN ACT relating to associations and individual representation rights.

2026 Regular Session Introduced by Chad Aull and 26 co-sponsors

HB 755 lets public employee unions choose to represent nonmembers in CBA-interpretation/enforcement, possibly charging fees, while nonmembers may self-represent in non-CBA matters.

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Bill Summary · HB 755

Summary of HB 755 (2026 Regular Session, Kentucky)

Purpose and intent

HB 755 introduces a new provision to Kentucky law (KRS Chapter 336) governing public employee labor organizations that are certified or recognized as the bargaining representative for a unit. The bill aims to ensure that, while the labor organization remains the exclusive representative for collective bargaining and administration/enforcement of the agreement, nonmember employees can be treated differently for individualized advocacy needs. Specifically, it seeks to limit the obligation of labor organizations to provide individualized representation to nonmembers in certain proceedings, and to offer a framework for potential additional representation upon payment of a fee or through a written agreement.

Key provisions and changes

  • Determination of representation:
    • In general collective bargaining negotiations and administration/enforcement of a collective bargaining agreement, the labor organization must represent all employees in the bargaining unit without discrimination.
  • Individualized advocacy limitations (nonmembers):
    • The labor organization is not required to provide individualized grievance representation, disciplinary representation, investigatory representation, arbitration advocacy, or related services to non-dues-paying members in matters that do not involve interpreting or enforcing the collective bargaining agreement.
  • Proceedings not involving interpretation/enforcement:
    • For any proceeding that does not concern interpretation/enforcement of the CBA, a nonmember may represent themselves or be represented by a third party (e.g., counsel), subject to reasonable employer procedures.
  • Proceedings involving interpretation/enforcement of the CBA:
    • The labor organization may decide whether to represent a nonmember in these proceedings.
    • If the organization elects to represent the nonmember, it may charge a reasonable fee not exceeding the actual cost of the services.
    • If the organization declines, the nonmember may represent themselves or be represented by another chosen representative, subject to reasonable employer procedures.
  • Written agreement option:
    • The labor organization and a nonmember employee may enter into a written agreement for individualized representation services in any proceeding.
  • Clarifications:
    • The bill explicitly states it does not create a right for nonpaying nonmembers to obtain representation in all proceedings where the union would otherwise provide representation.

Scope and timing

  • Effective date: The provisions apply to collective bargaining agreements entered into or renewed on or after the Act’s effective date.
  • Severability: Provisions include a severability clause, ensuring that invalidity of one provision does not void the rest.

Who is affected

  • Public employee labor organizations certified or recognized as bargaining representatives.
  • Employees within the bargaining unit (both dues-paying members and nonmembers), particularly regarding their rights to representation in various proceedings.
  • Public employers in units subject to Kentucky public sector bargaining, including local governments and cities that engage in collective bargaining (noting that local governments often maintain separate processes for grievance and disciplinary procedures for nonmembers).

Procedural and fiscal notes

  • Local government impact is described as minimal or limited, with potential administrative considerations for procedures affecting nonmembers.
  • The Kentucky League of Cities and counties note potential administrative costs related to drafting and publishing ordinances if nonmember procedures require changes, but overall fiscal impact is characterized as minimal.

This summary captures the bill’s core aim: to balance the rights and resources of labor organizations with the representation rights of nonmember employees, within the framework of Kentucky’s public sector collective bargaining system.

Compiled from official sources — confirm details with the bill’s official record.

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