Sec. 2. Amendments to the National Labor Relations Act
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Section 8(b)(1) of the National Labor Relations Act ( 29 U.S.C. 158(b)(1) ) is amended by striking restrain or and inserting interfere with, restrain, or . Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— in subsection (a)— by striking designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board, ; and by inserting before the period the following: : ; and Provided further, That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term majority shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election in subsection (e), by adding at the end the following:
Whenever any certified or voluntarily recognized bargaining unit existing on or after the date of enactment of the Employee Rights Act experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit on such date and
(A)the unit represented employees are covered by a negotiated and agreed-upon collective bargaining agreement in effect between a labor organization representative and an employer, the Board shall conduct a secret paper ballot election among the represented employees in the bargaining unit between the 120th day and 110th day prior to the collective bargaining agreement’s expiration or prior to the conclusion of three years, whichever occurs earlier, or
(B)there is no negotiated collective bargaining agreement then in effect between a labor organization and an employer, the Board shall conduct a secret paper ballot election among the represented employees in the bargaining unit within 30 days. Thereafter, a secret ballot election shall again be conducted under the same conditions and procedures whenever the recognized bargaining unit experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit then in existence at the time of the preceding secret paper ballot election. The election shall be conducted without regard to the pendency of any unfair labor practice charge against the employer or the labor organization representative and the Board shall rule on any objections to the election pursuant to its established timeframes for resolving such matters. If a majority of the votes cast in a valid election reject the continuing representation by the labor organization, the Board shall withdraw the labor organization’s certification, the labor organization shall cease representation of employees in the bargaining unit, and any obligations to or on behalf of the labor organization in a collectively bargained contract then in effect shall terminate. . Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— in subsection (b), by inserting prior to an election after in each case ; and in subsection (c)— in the flush matter following paragraph (1)(B)— by inserting of 14 days in advance after appropriate hearing upon due notice ; by inserting , and a review of post-hearing appeals, after the record of such hearing ; and by adding at the end the following: The employer shall provide the Board a list consisting only of employee names and home addresses of all eligible voters within 7 days following the Board’s determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters. Any employee may elect to be excluded from such list by notifying the employer in writing. ; and by adding at the end the following: No election shall take place after the filing of any petition unless and until— a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on— each pre-election issue not resolved before the election; and the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election. . Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is amended by inserting after the second sentence following the second proviso, the following: Any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, shall be liable for wages lost and labor organization dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. Any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition. .
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