National Labor Relations Modernization Act - Amends the National Labor Relations Act to set forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition of an individual or labor organization as the elected exclusive collective bargaining representative of a unit of 20 or more employees.
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative, but before the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bargaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
Adds to remedies for such violations: (1) back pay plus double liquidated damages; and (2) additional civil penalties.
Requires an employer, within 30 days after the National Labor Relations Board orders an election, to: (1) notify the designated representative of activities the employer intends to engage in to oppose recognition; and (2) provide such representative with equal access to the place of employment to campaign in favor of such recognition. Makes it an ULP for an employer to fail to provide such representative with such notice and equal access.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1355 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1355
To amend the National Labor Relations Act to require employers to
provide labor organizations with equal access to employees prior to an
election regarding representation, to prevent delays in initial
collective bargaining, and to strengthen enforcement against
intimidation of employees by employers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2009
Mr. Sestak introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act to require employers to
provide labor organizations with equal access to employees prior to an
election regarding representation, to prevent delays in initial
collective bargaining, and to strengthen enforcement against
intimidation of employees by employers.
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 ``National Labor Relations
Modernization Act''.
SEC. 2. PREVENTING EXCESSIVE DELAYS IN 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 with respect to any employer having 20 or more employees:
``(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 120-day period
beginning on the date on which bargaining is commenced, or such
other 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 the appointment of an arbitration panel.
Whenever such a request is received, the Service shall promptly
appoint an arbitration panel which will use its best efforts,
by mediation and conciliation, to bring the parties to
agreement.
``(3) If after the expiration of the 120-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such other period as the parties
may agree upon, the arbitration panel appointed under paragraph
(2) is not able to bring the parties to agreement by mediation
and conciliation, the such panel shall then begin to arbitrate
the dispute in accordance with such regulations as may be
prescribed by the Service. Such panel shall render a decision
settling the dispute not later than 30 days after commencing
arbitration and such decision shall be binding upon the parties
for a period of 18 months, unless amended during such period by
written consent of the parties.''.
SEC. 3. STRENGTHENING ENFORCEMENT AGAINST INTIMIDATION OF WORKERS.
(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 Act (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.''.
SEC. 4. EQUAL ACCESS TO LABOR ORGANIZATIONS PRIOR TO ELECTIONS.
(a) Equal Access.--Section 9 of the National Labor Relations Act
(29 U.S.C. 159) is amended by adding at the end the following new
subsection:
``(f)(1) Not later than 30 days after the Board shall have directed
an election, the employer shall notify the representative designated by
the employees under subsection (a) of any activities the employer
intends to engage in to campaign in opposition to recognition of the
representative, including any meetings with individual employees or
groups of employees, any announcements to employees, any signs to be
displayed at the place of employment, and any literature to be
distributed to employees, and shall provide the representative with
equal access to the place of employment to campaign in favor of
recognition of the representative, including the opportunity to hold an
equal number of meetings with individual employees or groups of
employees, and an opportunity to make announcements, display signs, and
distribute literature, under the same terms and conditions that the
employer engages in such activities.
``(2) As used in this subsection, the term `campaign' means any
activity undertaken to persuade employees to vote for or against
representation in an election directed by the Board, but shall not
include any interference with, restraint or coercion of, or
discrimination against employees in violation of paragraphs (1) through
(3) of section 8(a).''.
(b) Unfair Labor Practice.--Section 8(a) of the National Labor
Relations Act (29 U.S.C. 158(a)) is amended--
(1) in paragraph (5), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(6) to fail to provide the notification and equal access
to a representative as required by section 9(f).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
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