Sec. 2. Representatives and elections
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Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— in subsection (a)— by striking the period at the end and inserting a colon; and by adding at the end the following: ; and Provided further, That representatives shall be designated or selected through a secret ballot in an election conducted by the Board. in subsection (e), by adding at the end the following: An employer of employees within a certified bargaining unit (including a voluntarily recognized bargaining unit) covered by an agreement between such employer and a labor organization may petition the Board for a recertification election with respect to such labor organization if such employer asserts that turnover, expansion, or alteration by merger exceeds 50 percent of the bargaining unit.
If the Board finds that, with respect to a petition under subparagraph (A), turnover, expansion, or alteration by merger exceeds 50 percent of the bargaining unit, the Board shall hold a recertification election by members of the bargaining unit through a secret paper ballot not later than 30 days after the date of such finding. If a majority of the votes cast in a valid recertification election reject the representation by the labor organization— the Board shall withdraw the certification of such labor organization with respect to such employer; the labor organization shall cease representation of employees in such bargaining unit; and any pending obligations to, or on behalf of, the labor organization in a collectively bargained contract between such employer and such labor organization shall terminate on the date that is 30 days after the date on which the recertification election is held.
Such election shall be conducted without regard to the pendency of any unfair labor practice charge against the employer or the labor organization representing the employees, and the Board shall rule on any objections to the election pursuant to its established time frames for resolving such matters. .
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Sec. 2
Representatives and elections
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