The Employee Rights Act of 2018

The Employee Rights Act of 2018

This bill requires the selection of labor representatives for collective bargaining through secret ballot in an election conducted by the National Labor Relations Board. It also provides for recertification of a bargaining unit if an employer asserts that turnover, expansion, or alteration by merger exceeds 50% of the unit.

The bill also prohibits dues paid by an employee to a labor organization from being expended for any purpose not directly related to the organization's collective bargaining or contract administration functions unless the employee authorizes such expenditure in writing.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6544 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6544

   To provide protections for workers with respect to their right to 
select or refrain from selecting representation by a labor organization 
    and their right to refrain from paying dues or fees to a labor 
 organization for nonrepresentational activity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

 Mr. Roe of Tennessee (for himself, Mr. Wilson of South Carolina, Mr. 
  Rokita, Mr. Smucker, Mr. Francis Rooney of Florida, Mr. Byrne, Mr. 
Messer, and Mr. Banks of Indiana) introduced the following bill; which 
      was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To provide protections for workers with respect to their right to 
select or refrain from selecting representation by a labor organization 
    and their right to refrain from paying dues or fees to a labor 
 organization for nonrepresentational activity, 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 ``The Employee Rights Act of 2018''.

SEC. 2. REPRESENTATIVES AND ELECTIONS.

    Section 9 of the National Labor Relations Act (29 U.S.C. 159) is 
amended--
            (1) in subsection (a)--
                    (A) by striking the period at the end and inserting 
                a colon; and
                    (B) by adding at the end the following: ``Provided 
                further, That representatives shall be designated or 
                selected through a secret ballot in an election 
                conducted by the Board.''; and
            (2) in subsection (e), by adding at the end the following:
    ``(3)(A) Petition for recertification elections.--An employer of 
employees within a certified bargaining unit (including a voluntarily 
recognized bargaining unit) covered by an agreement between such 
employer and a labor organization may petition the Board for a 
recertification election with respect to such labor organization if 
such employer asserts that turnover, expansion, or alteration by merger 
exceeds 50 percent of the bargaining unit.
    ``(B) Approval.--If the Board finds that, with respect to a 
petition under subparagraph (A), turnover, expansion, or alteration by 
merger exceeds 50 percent of the bargaining unit, the Board shall hold 
a recertification election by members of the bargaining unit through a 
secret paper ballot not later than 30 days after the date of such 
finding. If a majority of the votes cast in a valid recertification 
election reject the representation by the labor organization--
            ``(i) the Board shall withdraw the certification of such 
        labor organization with respect to such employer;
            ``(ii) the labor organization shall cease representation of 
        employees in such bargaining unit; and
            ``(iii) any pending obligations to, or on behalf of, the 
        labor organization in a collectively bargained contract between 
        such employer and such labor organization shall terminate on 
        the date that is 30 days after the date on which the 
        recertification election is held.
    ``(C) Requirements.--Such election shall be conducted without 
regard to the pendency of any unfair labor practice charge against the 
employer or the labor organization representing the employees, and the 
Board shall rule on any objections to the election pursuant to its 
established time frames for resolving such matters.''.

SEC. 3. RIGHT NOT TO SUBSIDIZE UNION NONREPRESENTATIONAL ACTIVITIES.

    Title I of the Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the 
following:

``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 related to the labor 
organization's collective bargaining or contract administration 
functions on behalf of the represented unit employee unless the 
employee 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.''.
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