Sec. 4. Requirements for employee involvement organizations at large employers
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This section shall apply to each employee involvement organization for a large employer and employees of the large employer. A large employer shall certify each employee involvement organization for the large employer on the date of formation of such employee involvement organization. An employee involvement organization established under paragraph
(1)shall have reasonable procedures regarding— how an employee may join or leave such employee involvement organization; and dissolution of the employee involvement organization. In the case of an employee involvement organization that has been certified under paragraph
(1)for not less than 5 consecutive years, a large employer may only dissolve such employee involvement organization with cause. For purposes of clause (i), the term cause means a reasonable business purpose for dissolution, as determined by— the independent business judgment of the board of directors of the business of the large employer; or if the business of a large employer does not have a board of directors, the substantial equivalent of the board of directors. Unless otherwise specified in the certification under paragraph (1), an employee involvement organization may not be established at a large employer prior to 2 years after— in the case of a large employer for which a valid election was held under section 9(c)(1) of the National Labor Relations Act ( 29 U.S.C. 159(c)(1) ) in which a majority of the employees voting in such election voted against representation, the date of such election; or in the case of a large employer for which a valid election was held under section 9(e) of such Act and a majority of the employees voting in such election voted in favor of rescission of the authority of a labor organization to make an agreement described in section 8(a)(3) of such Act ( 29 U.S.C. 158(a)(3) ), the date of such election. Employees participating in an employee involvement organization established under subsection (b)(1) may, subject to the requirements in paragraph (2), elect through reasonable means an employee representative of the employee involvement organization. An election of an employee representative of an employee involvement organization for the large employer— shall be through a secret ballot of the employees participating in the employee involvement organization who are employed by the large employer on the date of such election and who are United States citizens or reside primarily in the United States; and may not be funded through funding sources external to the employee involvement organization, including any labor organization, nonprofit, or business other than the employer. Unless otherwise specified in the certification under subsection (b)(1) by the large employer of such employee involvement organization, an election of an employee representative of an employee involvement organization for the large employer— may be funded through employer-provided funding; and shall occur within the same time period and with the same regularity as the election of the board of directors of the large employer. Each individual elected to be a representative of an employee involvement organization for a large employer shall be an employee who— is eligible to vote under paragraph (2)(A)(i); and except in a case in which the large employer has operated for less than the 5 calendar years immediately preceding the date of the election, has been employed by the large employer for not less than the 5 calendar years immediately preceding the date of the election. An employee representative of an employee involvement organization elected under this subsection shall not— be employed by the employer at the time of such election as a supervisor; or at any time during the 5 calendar years immediately preceding the date of such election, be employed by the employer in a position related to human resources. Subject to the limitation under subparagraph
(B)and, as relevant, the procedure under subparagraph (C), an employee representative of an employee involvement organization elected under this subsection shall— be a nonvoting member of either or both of— the board of directors of the employer; or a workforce committee of the board of directors of the employer; be permitted to attend any regular meeting of such board or committee, as applicable; and receive equal access to information relevant to the purposes of the employee involvement organization as any other member of the board or committee, as applicable. Unless otherwise specified in the certification under subsection (b)(1) by the large employer of such employee involvement organization, an employer may exclude an employee representative from attending any meeting of any committee of the board of directors of the business of such employer (or the substantial equivalent of any such committee) called for purposes unrelated to the purposes of such employee involvement organization. In a case in which 2 or more employee representatives in total are elected for a large employer under paragraph (1), the employer and each employee involvement organization that elects such an employee representative shall, by reasonable procedures which provide for the input of each such employee involvement organization, ensure that only 1 employee representative for the employer at any time exercises the powers described in subparagraph (A).
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