Sec. 2. Amendments to the National Labor Relations Act
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Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— in paragraph (3), by adding at the end the following: “An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact; the service is performed outside the usual course of the business of the employer; and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. ; and in paragraph (11)— by inserting and for a majority of the individual’s worktime after interest of the employer ; by striking assign, ; and by striking or responsibly to direct them, .
Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended— in subsection (a)— in paragraph (5), by striking the period and inserting ; and ; and by adding at the end the following: to coerce any employee into attending or participating in campaign activities that are unrelated to the employee’s job duties. ; in subsection (b)— by striking paragraphs
(4)and (7); and by redesignating paragraphs
(5)and
(6)as paragraphs
(4)and (5), respectively; and by repealing subsection (e). Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is amended— by striking subsections
(k)and (l); and by redesignating subsection
(m)as subsection (k). Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as so amended, is further amended by adding at the end the following: Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection
(d)shall be modified as follows: Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration board shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. . The National Labor Relations Act ( 29 U.S.C. 151 et seq.) is amended— in section 3(b) ( 29 U.S.C. 153(b) )— by striking and to and inserting to ; and by striking and certify the results thereof, and inserting , and to issue certifications as provided for in that section, ; and in section 9(c) ( 29 U.S.C. 159(c) ), by adding at the end the following: Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include— model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives. . Subsection
(b)of section 14 of the National Labor Relations Act ( 29 U.S.C. 164 ) is repealed. The National Labor Relations Act ( 29 U.S.C. 151 et seq.) is amended by adding at the end the following: A joint employer shall be jointly and severally liable under this Act for any violations of this Act involving one or more employees supplied by another employer to perform labor within the joint employer’s usual course of business. An employer shall be considered a joint employer of employees of another employer for purposes of this Act, if such employer possesses, reserves, or exercises enough direct or indirect control over such employees’ essential terms and conditions of employment to permit meaningful collective bargaining between the employer and such employees. .
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Sec. 2
Amendments to the National Labor Relations Act
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