H. R. 1409
IN THE HOUSE OF REPRESENTATIVES
March 10, 2009
Mr. George Miller of California (for himself, Mr. Scott of Georgia, Mr. Brady of Pennsylvania, Mr. Doyle, Mr. Kildee, Mrs. Capps, Mr. Walz, Ms. Lee of California, Ms. Schakowsky, Mrs. Napolitano, Ms. Linda T. Sánchez of California, Ms. DeLauro, Mr. Kennedy, Mr. Doggett, Mr. Filner, Mr. Patrick J. Murphy of Pennsylvania, Mr. Grijalva, Ms. McCollum, Ms. Woolsey, Mr. Lynch, Mr. Gutierrez, Mr. Yarmuth, Ms. Sutton, Mr. Markey of Massachusetts, Mr. Hare, Mr. Levin, Mr. Sarbanes, Mr. Braley of Iowa, Ms. Hirono, Mr. Tierney, Mr. McGovern, Ms. Edwards of Maryland, Mr. Abercrombie, Mr. Johnson of Georgia, Mr. Holt, Mrs. Maloney, Mr. Nadler of New York, Mr. Capuano, Mr. Higgins, Mr. Blumenauer, Mr. Smith of Washington, Mr. Ellison, Mr. McDermott, Ms. Richardson, Mr. McNerney, Mr. Schiff, Mrs. Lowey, Mr. Olver, Ms. Zoe Lofgren of California, Mr. Ackerman, Mr. Engel, Mr. Lewis of Georgia, Mr. Wilson of Ohio, Mr. Kucinich, Mr. Welch, Mr. Al Green of Texas, Mr. Hinojosa, Mrs. McCarthy of New York, Mr. Payne, Mr. Davis of Illinois, Ms. Clarke, Mr. Israel, Mr. Cummings, Mr. Costello, Mr. Langevin, Mr. Farr, Ms. Pingree of Maine, Ms. Corrine Brown of Florida, Mr. Berman, Mr. Peters, Mr. Andrews, Ms. Shea-Porter, Mr. Carnahan, Mr. Wu, Mrs. Davis of California, Mr. Scott of Virginia, Ms. Castor of Florida, Mr. Serrano, Mrs. Halvorson, Mr. Murphy of Connecticut, Mr. Sherman, Mr. Moore of Kansas, Mr. Conyers, Mr. Weiner, Ms. Tsongas, Mr. Bishop of New York, Mr. Kind, Mr. Peterson, Mr. Lipinski, Mr. Maffei, Mr. DeFazio, Mr. Wexler, Ms. Eshoo, Mr. Dingell, Mr. McMahon, Mr. Schrader, Mr. Stupak, Mr. Gene Green of Texas, Mr. Loebsack, Mr. Cardoza, Mr. Hall of New York, Ms. Slaughter, Mr. Rahall, Mr. Frank of Massachusetts, Ms. Matsui, Mr. Ruppersberger, Mr. Cleaver, Mr. Hinchey, Mr. Rothman of New Jersey, Mr. Grayson, Ms. Baldwin, Mr. Jackson of Illinois, Ms. Bean, Mr. Neal of Massachusetts, Mrs. Tauscher, Mr. Waxman, Ms. Kilpatrick of Michigan, Mr. Hastings of Florida, Ms. Kaptur, Ms. Eddie Bernice Johnson of Texas, Mr. Carson of Indiana, Mr. Adler of New Jersey, Mr. Meek of Florida, Ms. Kilroy, Mr. Ryan of Ohio, Mr. Massa, Mr. Foster, Mr. Towns, Mr. Ortiz, Ms. Roybal-Allard, Ms. Velázquez, Mr. Rush, Mr. Hodes, Mr. Clyburn, Mr. Boswell, Mr. Mollohan, Mr. Michaud, Mr. Kissell, Mr. Pascrell, Mr. Melancon, Mr. Becerra, Mr. Delahunt, Ms. Wasserman Schultz, Mr. Inslee, Mr. Pallone, Mr. Boccieri, Mr. McHugh, Mr. Driehaus, Mr. Honda, Mr. Clay, Mr. Oberstar, Mr. Tonko, Ms. Waters, Mr. Schauer, Mr. Visclosky, Mr. Miller of North Carolina, Mr. Rangel, Mr. Space, Mr. Luján, Mr. Crowley, Ms. Moore of Wisconsin, Mr. Stark, Ms. Jackson-Lee of Texas, Ms. Schwartz, Mr. Baca, Mr. Pastor of Arizona, Mr. Fattah, Mr. Hoyer, Mr. Larson of Connecticut, Ms. Watson, Ms. Loretta Sanchez of California, Mr. Price of North Carolina, Mr. Sires, Mr. Smith of New Jersey, Mr. Larsen of Washington, Ms. Fudge, Mr. Meeks of New York, Ms. Norton, Mr. Thompson of Mississippi, Mr. Baird, Ms. Kosmas, Mr. Dicks, Mr. Bishop of Georgia, Mr. Heinrich, Mr. Courtney, Mr. Teague, Mr. Murtha, Ms. Harman, Mr. Van Hollen, Mr. LoBiondo, Mr. Reyes, Mr. Himes, Mr. Obey, Mr. Boucher, Mr. Kanjorski, Mr. Holden, Mr. Salazar, Mr. Arcuri, Mrs. Dahlkemper, Mr. Skelton, Mr. Altmire, Mr. Connolly of Virginia, Mr. Gonzalez, Mr. Rodriguez, Mr. Moran of Virginia, Mr. Kagen, Ms. Markey of Colorado, Ms. DeGette, Mr. Pierluisi, Ms. Herseth Sandlin, Ms. Speier, Mr. Thompson of California, Mr. Donnelly of Indiana, Mr. Watt, Mr. Sablan, Mr. Sestak, Ms. Berkley, Mr. Davis of Alabama, Mr. Faleomavaega, Mr. Polis of Colorado, Mr. Perlmutter, Mr. Costa, and Ms. Titus) introduced the following bill; which was referred to the Committee on Education and Labor
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.
This Act may be cited as the
Employee Free Choice Act
Streamlining union certification
Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:
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 valid 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).
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—
model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and
procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.
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—
and to and inserting
and certify the results thereof, and inserting
, and to
issue certifications as provided for in that section,.
Unfair labor practices
Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended—
in paragraph (7)(B)
, or and inserting
or a petition has been
filed under section 9(c)(6), or; and
(7)(C) by striking
when such a petition has been filed and
when such a petition other than a petition under section
9(c)(6) has been filed.
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:
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:
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.
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.
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.
Injunctions against unfair labor practices during organizing drives
Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended—
in the second
sentence, by striking
If, after such and inserting the
If, after such
by striking the first sentence and inserting the following:
Whenever it is charged—
that any employer—
discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8;
threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or
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;
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);
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
Remedies for violations
10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by
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
Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended—
Any and inserting
(a) Any; and
by adding at the end the following:
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.