Sec. 7. Independent negotiating
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/bill/119/hr/4154/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is further amended— in subsection (a)(3)— by striking the or before
(B); and by striking membership; and inserting membership, or
(C)if, in a covered State, the employee has ceased to be a member of a labor organization or pay an exclusive representative ; and in subsection
(b)by inserting after paragraph (8), as added by section 2(b)(2) of this Act, the following: in a covered State, to represent or bargain on behalf of employees who have ceased to be a member of a labor organization or pay an exclusive representative; in a covered State, to interfere with employees who have ceased to be a member of a labor organization or pay an exclusive representative engaged in independent negotiating; in a covered State, to restrain or coerce employees who have ceased to be a member of a labor organization or pay an exclusive representative from engaging in independent negotiating; and . Section 9(a) of such Act ( 29 U.S.C. 159(a) ) is amended— by inserting (other than any employee who has elected to engage in independent negotiating) after all the employees ; by inserting , in a State or Territory that is not a covered State, before any individual ; and by inserting and, in a covered State, an individual employee shall engage in independent negotiating with their employer if such employee has ceased to be a member of a labor organization or pay an exclusive representative after in effect . Section 2 of such Act ( 29 U.S.C. 152 ) is further amended by adding at the end the following: The term independent negotiating means, in a unit located in a covered State with an exclusive representative for the purposes of collective bargaining, negotiating between an employer and an individual employee as though such employee were not in such a unit and without regard to the existence of a collective-bargaining contract or agreement. The term covered State means a State or Territory which prohibits the execution or application of agreements requiring membership in, or payment to, a labor organization as a condition of employment. .
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