Federal Employee Rights Act
This bill repeals current authority allowing the deduction of labor organization dues from employee pay and prohibits federal agencies, including executive, legislative, and judicial agencies, the U.S. Postal Service, the Postal Regulatory Commission, and the government of the District of Columbia, from deducting any amount from the pay of an employee for the dues of a labor organization.
The bill prohibits employee dues collected by a labor organization from being used for any purpose not directly related to the organization's collective bargaining activities without employee authorization.
The bill requires a vote of more than 50% of all employees (not just employees who cast ballots) to approve union representation and extends this requirement to postal service employees.
An employee may elect, in writing, to withhold personal information from a labor organization during organizing activity.
The bill requires that all elections relating to labor representation, including elections involving postal service employees, have secret paper ballots.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4461 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4461
To amend title 5, United States Code, to provide that agencies may not
deduct labor organization dues from the pay of Federal employees, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2016
Mr. Tom Price of Georgia (for himself, Mr. Allen, Mrs. Blackburn, Mr.
Brat, Mr. Buck, Mr. Burgess, Mr. Collins of Georgia, Mr. Cramer, Mr.
DesJarlais, Mr. Duncan of South Carolina, Mr. Franks of Arizona, Mr.
Gosar, Mr. Graves of Georgia, Mr. Hudson, Mr. King of Iowa, Mr.
LaMalfa, Mr. Palazzo, Mr. Palmer, Mr. Pearce, Mr. Ratcliffe, Mr.
Rokita, Mr. Rouzer, Mr. Salmon, Mr. Stewart, Mr. Stutzman, Mr.
Westerman, Mr. Westmoreland, Mr. Wilson of South Carolina, Mr. Yoho,
Mrs. Lummis, and Mr. Mica) introduced the following bill; which was
referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide that agencies may not
deduct labor organization dues from the pay of Federal employees, 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 ``Federal Employee Rights Act''.
SEC. 2. LABOR ORGANIZATION DUES.
(a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United
States Code, is amended by striking section 7115 and inserting the
following:
``Sec. 7115. Labor organization dues
``(a) Dues Not Deductible From Pay.--
``(1) In general.--An agency may not deduct any amount from
the pay of an employee for the dues of a labor organization.
``(2) Restriction.--Appropriated funds may not be used to
pay an employee who makes deductions described in paragraph
(1).
``(3) Definition.--For purposes of this subsection, the
term `agency' means--
``(A) an Executive agency (as defined in section
105), the United States Postal Service, and the Postal
Regulatory Commission;
``(B) an office, agency, or other establishment in
the legislative branch;
``(C) an office, agency, or other establishment in
the judicial branch; and
``(D) the government of the District of Columbia.
``(b) Prohibition on Use of Dues for Political Purposes.--
``(1) In general.--Employee dues collected by a labor
organization pursuant to this chapter may not be used for any
purpose not directly related to the organization's collective
bargaining activities on behalf of the employee under this
chapter unless, after a notice period of not less than 35 days,
the employee authorizes such use in writing.
``(2) Expiration.--An authorization under paragraph (1)
shall--
``(A) expire not later than 1 year after the date
on which such authorization is signed by the employee;
and
``(B) not provide for an automatic renewal of any
authorization under this subsection.''.
(b) Postal Service Amendment.--Section 1205 of title 39, United
States Code, is amended to read as follows:
``Sec. 1205. Prohibition on use of dues for political purposes
``(a) Employee dues collected by a labor organization pursuant to
this chapter may not be used for any purpose not directly related to
the organization's collective bargaining activities on behalf of the
employee under this chapter unless, after a notice period of not less
than 35 days, the employee authorizes such use in writing.
``(b) An authorization under subsection (a) shall--
``(1) expire not later than 1 year after the date on which
such authorization is signed by the employee; and
``(2) not provide for an automatic renewal of any
authorization under this subsection.''.
(c) Clerical Amendments.--
(1) Title 5.--The table of sections at the beginning of
chapter 71 of title 5, United States Code, is amended by
striking the item relating to section 7115 and inserting the
following:
``7115. Labor organization dues.''.
(2) Title 39.--The table of sections at the beginning of
chapter 12 of title 39, United States Code, is amended by
striking the item relating to section 1205 and inserting the
following:
``1205. Prohibition on use of dues for political purposes.''.
(d) Effective Dates; Transition Provisions.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this section.
(2) Transition provisions.--
(A) Current deductions for dues of an exclusive
representative.--Nothing in this section shall, in the
case of an assignment received before the date of
enactment of this section under subsection (a) of
section 7115 of title 5, United States Code (as then in
effect), cause the termination of such assignment
before--
(i) the date on which such assignment is
revoked, in accordance with the last sentence
of such subsection (a) (as last in effect
before such date of enactment); or
(ii) if earlier, the date determined under
paragraph (1) or (2) of subsection (b) of such
section 7115 (as last in effect before such
date of enactment).
(B) Current deductions for dues of other labor
organizations.--Nothing in this section shall, in the
case of a voluntary allotment made before the date of
enactment of this section under subsection (c) of
section 7115 of title 5, United States Code (as then in
effect), cause the termination of such allotment before
the date on which the underlying agreement (under
authority of which such allotment is being made) ceases
to have effect, whether by reason of section
7115(c)(2)(B) of such title 5 (as last in effect before
such date of enactment) or otherwise.
(C) Current deductions for dues of a labor
organization from postal service employees.--Nothing in
this section shall, in the case of a written assignment
received before the date of enactment of this section
under section 1205 of title 39, United States Code (as
then in effect), cause the termination of such
assignment before the date on which such assignment--
(i) is revoked in accordance with such
section (as last in effect before such date of
enactment); or
(ii) otherwise expires.
(3) Nonrenewability.--
(A) In general.--An agreement between an agency and
a labor organization, entered into before the date of
enactment of this section under subsection (a) or (c)
of section 7115 of such title 5 (as then in effect),
shall not, to the extent that it relates to deductions
for the payment of dues of such labor organization, be
subject to renewal or extension.
(B) Postal service.--A written assignment received
by the United States Postal Service under section 1205
of title 39, United States Code (as then in effect) or
an agreement between the United States Postal Service
and any organization of employees in effect pursuant to
1205(b) of such title (as then in effect), shall not,
to the extent that it relates to deductions for the
payment of dues of such organization, be subject to
renewal or extension.
(4) Definitions.--For purposes of this subsection, the
terms ``agency'', ``exclusive representative'', and ``labor
organization'' have the respective meanings given such terms in
section 7103 of title 5, United States Code.
SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION.
(a) In General.--Section 7111 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``who cast valid ballots
in the election'';
(2) in subsection (b)(1)(A), by striking ``30 percent'' and
inserting ``more than 50 percent''; and
(3) in subsection (f)(4), by striking ``voting'' and insert
``in the appropriate unit''.
(b) Postal Service Amendments.--Section 1203 of title 39, United
States Code, is amended--
(1) in subsection (c)(1), by striking ``a substantial
number of employees'' and inserting ``a majority of employees
in a unit''; and
(2) in subsection (d), by striking ``30 percent'' and
inserting ``more than 50 percent''.
(c) Application.--The amendments made by subsections (a) and (b)
shall apply to any applicable election or petition filed after the date
of enactment of this Act.
SEC. 4. USE OF PERSONAL INFORMATION.
(a) In General.--Section 7111 of title 5, United States Code, is
amended by adding at the end the following:
``(h) During any organizing activity conducted under this chapter,
an employee may elect, in writing, to withhold the employee's personal
information from a labor organization.''.
(b) Postal Service Amendment.--Section 1203 of title 39, United
States Code, is further amended by adding at the end the following:
``(f) During any organizing activity conducted under this chapter,
an employee may elect, in writing, to withhold the employee's personal
information from a labor organization.''.
SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.
(a) In General.--Section 7111(d) of title 5, United States Code, is
amended by adding at the end after the period the following: ``Any
election under this chapter shall be a secret paper ballot election.''.
(b) Postal Service Amendment.--Section 1204(a) of title 39, United
States Code, is amended by adding at the end after the period the
following: ``Any election under this chapter shall be a secret paper
ballot election.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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