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Code · BILL · 115th Congress · S. 1774 (Introduced in Senate) — To provide protections for workers with respect to their right to select or refrain from selecting representation by... · Sec. 3

Sec. 3. Amendments to the Labor-Management Reporting and Disclosure Act of 1959

668 words·~3 min read·/bill/115/s/1774/is/section-3

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Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402(k) ) is amended by striking ballot, voting machine, or otherwise, but and inserting paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and . Section 101(a)(1) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a)(1) ) is amended by adding at the end the following: Every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with, or to engage in a strike or refusal to work of any kind against, their employer. .
Title I of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411 et seq.) is amended by adding at the end the following: No employee’s labor organization dues, fees, or assessments or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly related to the labor organization’s collective bargaining or contract administration functions on behalf of the represented unit employee unless the employee member, or nonmember required to make such payments as a condition of employment, authorizes such expenditure in writing, after a notice period of not less than 35 days.
An initial authorization provided by an employee under the preceding sentence shall expire not later than 1 year after the date on which such authorization is signed by the employee. There shall be no automatic renewal of an authorization under this section. . Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a) ) is amended by adding at the end the following: No strike shall commence without the consent of a majority of all represented unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization involved.
In any case in which the employer involved has made an offer for a collective bargaining agreement, the represented unit employees involved shall be provided the opportunity for a secret ballot vote on such offer prior to any vote relating to the commencement of a strike. The cost of any such election shall be borne by the labor organization. . Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431(c) ) is amended— by inserting and the independently verified annual audit report of the labor organization’s financial condition and operations after required to be contained in such report ; by inserting and represented unit nonmembers after members ; by inserting and represented unit nonmember after any member ; by inserting and represented unit nonmember after such member ; by striking and after any books, records, ; and by inserting , and independently verified annual audit report of the labor organization’s financial condition and operations before necessary to verify such report. .
Section 610 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 530 ) is amended— by striking It shall and inserting
(a)It shall ; and by adding at the end the following: It shall be unlawful for any person, through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any person for the purpose of obtaining from any person any right to represent employees or any compensation or other term or condition of employment. Any person who willfully violates this subsection shall be fined not more than $100,000 or imprisoned for not more than 10 years, or both. The lawfulness of a labor organization’s objectives shall not remove or exempt from the definition of extortion, as defined in section 1951(b)(2) of title 18, United States Code, conduct by the labor organization or its agents that otherwise constitutes extortion as defined in such section. .
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Sec. 3
Amendments to the Labor-Management Reporting and Disclosure Act of 1959
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