Sec. 103. Additional labor rights under the National Labor Relations Act
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Section 19 of the National Labor Relations Act ( 29 U.S.C. 169 ) is amended— by striking Any employee and inserting
(a)Any employee ; by striking ; except that and all that follows through chosen by the employee ; and by adding at the end the following: Notwithstanding any other provision in this Act, a qualified employer shall not be required to comply with any provision in this Act that requires the employer to recognize, bargain with, or financially support any labor organization. For purposes of this subsection— the term qualified employer means an employer— that has a board of directors, of which a majority of the individuals serving on such board are qualified individuals; that has a stock, of which the majority is owned or controlled by a qualified individual or qualified individuals; or whose management is controlled, in majority, by a qualified individual or qualified individuals; and the term qualified individual means an individual who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to recognizing, bargaining with, or financially supporting labor organizations. . Section 9(c) of the National Labor Relations Act ( 29 U.S.C. 159(c) ), as amended by section 101(a)(3)(B), is further amended by adding at the end the following: In any case in which the Board determines that the results of an election under this subsection were influenced by the misconduct of a labor organization, including misconduct through interference, restraint, or coercion of an employee with respect to such election, the Board shall set aside the results of such election and order a new election with appropriate additional safeguards necessary to ensure a fair election process. . The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— by inserting after section 7 ( 29 U.S.C. 157 ) the following: An employer shall have the right to determine how technology issued by the employer (including communication devices and systems) is used by employees and to prohibit employees from using any such technology for efforts to form, join, or assist a labor organization. ; and in section 8 ( 29 U.S.C. 158 ), as amended by section 101(a)(2)(A), by adding at the end the following: It shall be an unfair labor practice for an employee or a labor organization to interfere with the right of an employer under section 7A, including by violating or encouraging employees to violate a prohibition of an employer described in such section. . Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended by adding at the end the following: Notwithstanding any other provision of law, in the case of any collective bargaining agreement that was made through arbitration and that is the first such agreement between an employer and a labor organization, the employees covered by such agreement shall have the right to vote on the ratification of such agreement through a secret ballot election. In the case that such employees exercise such right and a majority of the employees vote against ratifying the agreement, the agreement shall be null and void. . Section 9(c) of the National Labor Relations Act ( 29 U.S.C. 159(c) ), as amended by subsection (b), is further amended— in paragraph (3), by striking the first sentence; and by adding at the end the following: Subject to subparagraph (B), no election shall be conducted pursuant to this subsection in any bargaining unit within which, in the preceding 2-year period, a valid election was held and a majority of the employees in such bargaining unit voted against representation. An election may be held in a case described in subparagraph
(A)during the period described in such subparagraph if the bargaining unit described in such subparagraph experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit on the date on which the election resulting in a majority of the employees in the unit voting against representation occurred. . Section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) is amended by adding at the end the following: Nothing in this section shall confer the right of an employee to support or engage in a class or collective action. .
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Sec. 103
Additional labor rights under the National Labor Relations Act
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