Sec. 101. Enhanced Employee Rights
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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 . The National Labor Relations Act is amended— in section 8 ( 29 U.S.C. 158 ), by adding at the end the following: Except as described in paragraph (3), it shall not be an unfair labor practice under subsection
(a)for an employer that, not more than 90 days prior to the expiration of a collective bargaining agreement in effect between a representative of employees of the employer in a bargaining unit and the employer, receives evidence that the majority of the employees in the unit do not support the representative for purposes of collective bargaining to refuse to bargain collectively with the representative prior to the expiration of the agreement for the purpose of negotiating a new or renewed collective bargaining agreement. An employer that refuses to bargain collectively in accordance with paragraph
(1)shall provide notice of the refusal to the representative of the bargaining unit on the date of such refusal. It shall be an unfair labor practice for an employer described in paragraph
(1)to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph
(B)that a majority of the employees in the unit for purposes of collective bargaining support the representative. A representative reestablishes majority support under subparagraph (A), if, not more than 45 days after the date of the notice of refusal under paragraph (2), the representative, in accordance with section 9, files a petition with the Board and is selected for purposes of collective bargaining by secret ballot, in an election conducted by the Board, by the majority of the employees in the unit. ; and in section 9(a) ( 29 U.S.C. 159(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: : . 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: Provided further, That, for any bargaining unit that is voluntarily recognized for the purposes of collective bargaining as of the date of enactment of the Employee Rights Act , the Board shall, not later than 120 days after such date of enactment, conduct a secret ballot election among the represented employees in the bargaining unit and, if a majority of the votes cast in such election reject the continuing representation by the labor organization, 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(c) of the National Labor Relations Act ( 29 U.S.C. 160(c) ) is amended by inserting before the following: And provided further . , That in a case the Board has found that any labor organization has 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, the Board shall order the labor organization to be liable to the affected employees for wages lost and labor organization dues or fees collected unlawfully, if any, and an additional amount as liquidated damages: Provided further , That 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: Provided further 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, 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 or represented unit nonmember after to permit such member ; by striking and after any books, records, ; and by striking necessary to verify such report and inserting , and independently verified annual audit report of the labor organization’s financial condition and operations necessary to verify such report required to be submitted under this title . 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 conduct by the labor organization or its agents that otherwise constitutes extortion as defined by section 1951(b)(2) of title 18, United States Code. .
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Sec. 101
Enhanced Employee Rights
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