113 HR 1815 IH: Union Coercion Prevention Act U.S. House of Representatives 2013-04-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 1815 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To protect workers from the corrupt and coercive Card Check system of organizing labor unions.

1.

Short title

This Act may be cited as the Union Coercion Prevention Act.

2.

Amendments to the National Labor Relations Act

(a)

Unfair labor practices

Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by inserting interfere with before restrain. (b)

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 designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board,; and (B)by inserting before the period the following: : Provided further, That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term majority shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election. (c)

Fair representation in elections

Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended— (1)in subsection (b), by inserting prior to an election after in each case; and (2)in subsection (c)— (A)in the flush matter following paragraph (1)(B)— (i)by inserting of 14 days in advance after appropriate hearing upon due notice; (ii)by inserting , and a review of post-hearing appeals, after the record of such hearing; and (iii)by adding at the end the following: No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list of employee names and home addresses of all eligible voters within 7 days following the Board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters.; and (B)by adding at the end the following: (6)(A)No election shall take place after the filing of any petition unless and until— (i)a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (ii)the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. (B)No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on— (i)each pre-election issue not resolved before the election; and (ii)the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election. . (d)

Penalties

Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended by inserting after the second sentence following the second proviso, the following: Any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, shall be liable for wages lost and union dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. Any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition..