Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
Revises enforcement requirements with respect to unfair labor practices during union organizing drives. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 842 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 842
To amend the National Labor Relations Act to establish an efficient
system to enable employees to form, join, or assist labor
organizations, to provide for mandatory injunctions for unfair labor
practices during organizing efforts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2005
Mr. Kennedy (for himself, Mr. Specter, Mr. Reid, Mr. Durbin, Mr.
Schumer, Mr. Dodd, Mr. Bingaman, Mr. Harkin, Ms. Mikulski, Mrs. Murray,
Mrs. Clinton, Mr. Byrd, Mr. Inouye, Mr. Biden, Mr. Leahy, Mr. Sarbanes,
Mr. Levin, Mr. Kerry, Mr. Rockefeller, Mr. Lieberman, Mr. Akaka, Mr.
Dorgan, Mrs. Boxer, Mr. Feingold, Mr. Wyden, Ms. Landrieu, Mr. Bayh,
Mr. Carper, Ms. Stabenow, Ms. Cantwell, Mr. Corzine, Mr. Dayton, Mr.
Lautenberg, Mr. Obama, Mr. Salazar, and Mr. Reed) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act to establish an efficient
system to enable employees to form, join, or assist labor
organizations, to provide for mandatory injunctions for unfair labor
practices during organizing efforts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Free Choice Act''.
SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General.--Section 9(c) of the National Labor Relations Act
(29 U.S.C. 159(c)) is amended by adding at the end the following:
``(6) Notwithstanding any other provision of this section, whenever
a petition shall have been filed by an employee or group of employees
or any individual or labor organization acting in their behalf alleging
that a majority of employees in a unit appropriate for the purposes of
collective bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate the
petition. If the Board finds that a majority of the employees in a unit
appropriate for bargaining has signed authorizations designating the
individual or labor organization specified in the petition as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the Board shall not
direct an election but shall certify the individual or labor
organization as the representative described in subsection (a).
``(7) The Board shall develop guidelines and procedures for the
designation by employees of a bargaining representative in the manner
described in paragraph (6). Such guidelines and procedures shall
include--
``(A) model collective bargaining authorization language
that may be used for purposes of making the designations
described in paragraph (6); and
``(B) procedures to be used by the Board to establish the
authenticity of signed authorizations designating bargaining
representatives.''.
(b) Conforming Amendments.--
(1) National labor relations board.--Section 3(b) of the
National Labor Relations Act (29 U.S.C. 153(b)) is amended, in
the second sentence--
(A) by striking ``and to'' and inserting ``to'';
and
(B) by striking ``and certify the results
thereof,'' and inserting ``, and to issue
certifications as provided for in that section,''.
(2) Unfair labor practices.--Section 8(b) of the National
Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking ``, or'' and
inserting ``or a petition has been filed under section
9(c)(6), or''; and
(B) in paragraph (7)(C) by striking ``when such a
petition has been filed'' and inserting ``when such a
petition other than a petition under section 9(c)(6)
has been filed''.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized 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.
``(2) 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.
``(3) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under paragraph (2), 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 an arbitration board established in accordance
with such regulations as may be prescribed by the Service. The
arbitration panel shall render a decision settling the dispute
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.''.
SEC. 4. STRENGTHENING ENFORCEMENT.
(a) Injunctions Against Unfair Labor Practices During Organizing
Drives.--
(1) In general.--Section 10(l) of the National Labor
Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking ``If, after
such'' and inserting the following:
``(2) If, after such''; and
(B) by striking the first sentence and inserting
the following:
``(1) Whenever it is charged--
``(A) that any employer--
``(i) discharged or otherwise discriminated against
an employee in violation of subsection (a)(3) of
section 8;
``(ii) threatened to discharge or to otherwise
discriminate against an employee in violation of
subsection (a)(1) of section 8; or
``(iii) engaged in any other unfair labor practice
within the meaning of subsection (a)(1) that
significantly interferes with, restrains, or coerces
employees in the exercise of the rights guaranteed in
section 7;
while employees of that employer were seeking representation by
a labor organization or during the period after a labor
organization was recognized as a representative defined in
section 9(a) until the first collective bargaining contract is
entered into between the employer and the representative; or
``(B) that any person has engaged in an unfair labor
practice within the meaning of subparagraph (A), (B) or (C) of
section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made
forthwith and given priority over all other cases except cases
of like character in the office where it is filed or to which
it is referred.''.
(2) Conforming amendment.--Section 10(m) of the National
Labor Relations (29 U.S.C. 160(m)) is amended by inserting
``under circumstances not subject to section 10(l)'' after
``section 8''.
(b) Remedies for Violations.--
(1) Backpay.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by striking ``And provided
further,'' and inserting ``Provided further, That if the Board
finds that an employer has discriminated against an employee in
violation of subsection (a)(3) of section 8 while employees of
the employer were seeking representation by a labor
organization, or during the period after a labor organization
was recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract was
entered into between the employer and the representative, the
Board in such order shall award the employee back pay and, in
addition, 2 times that amount as liquidated damages: Provided
further,''.
(2) Civil penalties.--Section 12 of the National Labor
Relations Act (29 U.S.C. 162) is amended--
(A) by striking ``Any'' and inserting ``(a) Any'';
and
(B) by adding at the end the following:
``(b) Any employer who willfully or repeatedly commits any unfair
labor practice within the meaning of subsections (a)(1) or (a)(3) of
section 8 while employees of the employer are seeking representation by
a labor organization or during the period after a labor organization
has been recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract is entered
into between the employer and the representative shall, in addition to
any make-whole remedy ordered, be subject to a civil penalty of not to
exceed $20,000 for each violation. In determining the amount of any
penalty under this section, the Board shall consider the gravity of the
unfair labor practice and the impact of the unfair labor practice on
the charging party, on other persons seeking to exercise rights
guaranteed by this Act, or on the public interest.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3901)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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