S.1507 - Employee Rights Act
A bill to provide protections from workers with respect to their right to select or refrain from selecting representation by a labor organization.
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Mr. HATCH (for himself, Mr. BURR, Mr. MCCAIN, and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(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,’; andCommentsClose CommentsPermalink
(B) 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’; andCommentsClose CommentsPermalink
‘(3) Not later than 36 months after the initial certification of a labor organization as the exclusive representative of employees in an appropriate bargaining unit, and each 3-year period thereafter, a neutral, private organization chosen by agreement between the employer and the labor organization involved, after a notice period of not less than 35 days, shall conduct a secret ballot election among such employees to determine whether a majority desire to continue to be represented by such labor organization. The cost to the third party that is conducting the election shall be shared equally by the labor organization and the employer involved. The election shall be conducted without regard to the pendency of any unfair labor practice charge against the employer or the labor organization representative and the Board shall rule on any objections to the election pursuant to its established timeframes for resolving such matters. If a majority of the votes cast reject the continuing representation by the labor organization, the Board shall withdraw the labor organization’s certification.’CommentsClose CommentsPermalink
(iii) by adding at the end the following: ‘No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list 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.’; andCommentsClose CommentsPermalink
‘(i) 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; andCommentsClose CommentsPermalink
‘(B) 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--CommentsClose CommentsPermalink
(d) Penalties- Section 10 of the National Labor Relations Act (
SEC. 3. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959.
(a) Definition- Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 (
(b) Rights of Members- Section 101(a)(1) of the Labor-Management Reporting and Disclosure Act of 1959 (
(c) Right Not To Subsidize Union Nonrepresentational Activities- Title I of the Labor-Management Reporting and Disclosure Act of 1959 (
‘SEC. 106. RIGHT NOT TO SUBSIDIZE UNION NONREPRESENTATIONAL ACTIVITIES.
‘No employee’s union dues, fees, or assessments or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly germane to the labor organization’s collective bargaining or contract administration functions unless the 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.’.CommentsClose CommentsPermalink
‘(6) Limitation- No strike shall commence without the consent of a majority of all 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 employees involved shall be provided with an 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.’.CommentsClose CommentsPermalink
‘(b) 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.CommentsClose CommentsPermalink
‘(c) 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, from the definition of extortion.’.CommentsClose CommentsPermalink