110th CONGRESS
1st Session
S. 1041
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
March 29, 2007
Mr. KENNEDY (for himself, Mr. DODD, Mr. HARKIN, Ms. MIKULSKI, Mr. BINGAMAN,
Mrs. MURRAY, Mr. REED, Mrs. CLINTON, Mr. OBAMA, Mr. SANDERS, Mr. BROWN,
Mr. BYRD, Mr. INOUYE, Mr. BIDEN, Mr. LEAHY, Mr. BAUCUS, Mr. LEVIN, Mr. KERRY,
Mr. ROCKEFELLER, Mr. REID, Mr. CONRAD, Mr. KOHL, Mr. LIEBERMAN, Mr. AKAKA,
Mrs. FEINSTEIN, Mr. DORGAN, Mrs. BOXER, Mr. FEINGOLD, Mr. WYDEN, Mr. DURBIN,
Mr. JOHNSON, Ms. LANDRIEU, Mr. SCHUMER, Mr. BAYH, Mr. CARPER, Ms. STABENOW,
Ms. CANTWELL, Mr. NELSON of Florida, Mr. LAUTENBERG, Mr. MENENDEZ, Mr. CARDIN,
Mr. WEBB, Mr. CASEY, Mrs. MCCASKILL, Ms. KLOBUCHAR, Mr. WHITEHOUSE, and
Mr. TESTER) 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 of 2007'.
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 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).
`(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 validity 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--
`(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.'.
END
