Sec. 104. Unfair labor practices
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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 by adding at the end the following: to promise, threaten, or take any action— to permanently replace an employee who participates in a strike as defined by section 501(2) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(2) ); to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a strike; or to lockout, suspend, or otherwise withold employment from employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike; and to communicate or misrepresent to an employee under section 2(3) that such employee is excluded from the definition of employee under section 2(3). ; in subsection (b)— by striking paragraphs
(4)and (7); by redesignating paragraphs
(5)and
(6)as paragraphs
(4)and (5), respectively; in paragraph (4), as so redesignated, by striking affected; and inserting affected; and ; and in paragraph (5), as so redesignated, by striking ; and and inserting a period; in subsection (c), by striking the period at the end and inserting the following: : ; Provided, That it shall be an unfair labor practice under subsection (a)(1) for any employer to require or coerce an employee to attend or participate in such employer’s campaign activities unrelated to the employee’s job duties, including activities that are subject to the requirements under section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(b) ). in subsection (d)— by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively; by striking For the purposes of this section and inserting
(1)For purposes of this section ; by inserting and to maintain current wages, hours, and terms and conditions of employment pending an agreement after arising thereunder ; by inserting after : Provided, That an employer’s duty to collectively bargain shall continue absent decertification of the labor organization following an election conducted pursuant to section 9 making of a concession: ; by inserting before further , That where there is in effect ; by striking The duties imposed and inserting
(2)The duties imposed ; by striking by paragraphs (2), (3), and
(4)and inserting by subparagraphs (B), (C), and
(D)of paragraph
(1); by striking section 8(d)(1) and inserting paragraph (1)(A) ; by striking section 8(d)(3) and inserting paragraph (1)(C) in each place it appears; by striking section 8(d)(4) and inserting paragraph (1)(D) ; and by adding at the end the following: Whenever collective bargaining is for the purpose of establishing an initial collective bargaining agreement following certification or recognition of a labor organization, the following shall apply: Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly recognized 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 subparagraph (B), 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 a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer must each select the members of the tripartite arbitration panel within 14 days of the Service’s referral; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within 120 days, absent extraordinary circumstances or by agreement or permission of the parties, 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. Such decision shall be based on— the employer’s financial status and prospects; the size and type of the employer’s operations and business; the employees’ cost of living; the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and the wages and benefits other employers in the same business provide their employees. ; by amending subsection
(e)to read as follows: Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act ), or any other provision of law, it shall be an unfair labor practice under subsection (a)(1) for any employer— to enter into or attempt to enforce any agreement, express or implied, whereby prior to a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction; to coerce an employee into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee; or to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee: Provided , That any agreement that violates this subsection or results from a violation of this subsection shall be to such extent unenforceable and void: Provided further , That this subsection shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization. ; in subsection (g), by striking clause
(B)of the last sentence of section 8(d) of this Act and inserting subsection (d)(2)(B) ; and by adding at the end the following: The Board shall promulgate regulations requiring each employer to post and maintain, in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically, a notice setting forth the rights and protections afforded employees under this Act. The Board shall make available to the public the form and text of such notice. The Board shall promulgate regulations requiring employers to notify each new employee of the information contained in the notice described in the preceding two sentences and to ensure that such notice is provided to employees in a language spoken by such employees. Whenever the Board directs an election under section 9(c) or approves an election agreement, the employer of employees in the bargaining unit shall, not later than 2 business days after the Board directs such election or approves such election agreement, provide a voter list to a labor organization that has petitioned to represent such employees. Such voter list shall include the names of all employees in the bargaining unit and such employees’ home addresses, work locations, shifts, job classifications, and, if available to the employer, personal landline and mobile telephone numbers, and work and personal email addresses; the voter list must be provided in a searchable electronic format generally approved by the Board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form. Not later than 9 months after the date of enactment of the Richard L. Trumka Protecting the Right to Organize Act of 2023 , the Board shall promulgate regulations implementing the requirements of this paragraph. The rights of an employee under section 7 include the right to use electronic communication devices and systems (including computers, laptops, tablets, internet access, email, cellular telephones, or other company equipment) of the employer of such employee to engage in activities protected under section 7 if such employer has given such employee access to such devices and systems in the course of the work of such employee, absent a compelling business rationale for denying or limiting such use. .
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