[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2012 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2012

 To amend the National Labor Relations Act, to establish the National 
  Public Employment Relations Commission, and to amend title I of the 
Employment Retirement Income Security Act of 1974 to provide for joint 
             trusteeship of single-employer pension plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1997

 Mr. Sanders introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the National Labor Relations Act, to establish the National 
  Public Employment Relations Commission, and to amend title I of the 
Employment Retirement Income Security Act of 1974 to provide for joint 
             trusteeship of single-employer pension plans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Workplace 
Democracy Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Declaration of purpose and policy.
Sec. 3. Application of Act.
     TITLE I--GENERAL PROVISIONS REGARDING RIGHTS OF EMPLOYEES AND 
      ENFORCEMENT AUTHORITY OF THE NATIONAL LABOR RELATIONS BOARD

Sec. 101. Right to first contract.
Sec. 102. Strikes, boycotts, and hot cargo agreements.
Sec. 103. Treatment of guards.
Sec. 104. Card recognition for collective bargaining units.
Sec. 105. Enforcement and authority of National Labor Relations Board. 
Sec. 106. Repealing prohibition authority.
    TITLE II--GENERAL PROVISIONS REGARDING RIGHTS OF EMPLOYEES AND 
      ENFORCEMENT AUTHORITY FOR THE NATIONAL LABOR RELATIONS BOARD

Sec. 201. Definitions.
Sec. 202. National Public Employment Relations Commission.
Sec. 203. Rights of employees and employee organizations.
Sec. 204. Representatives and collective-bargaining units.
Sec. 205. Impasse in collective bargaining over the terms and 
                            conditions of employment and other matters 
                            of mutual concern relating thereto.
Sec. 206. Disputes over the interpretation or application of 
                            agreements.
Sec. 207. Strikes.
Sec. 208. Impasse procedures for firefighters and public safety 
                            officers.
Sec. 209. Strikes and firefighters and public safety officers.
Sec. 210. Unlawful acts.
Sec. 211. Prevention of unlawful acts.
Sec. 212. Applicability of this Act.
Sec. 213. Miscellaneous.
Sec. 214. Effective date.
         TITLE III--GENERAL PROVISIONS REGARDING PENSION PLANS

Sec. 301. Requirements relating to trusteeship of single-employer 
                            plans.
Sec. 302. Effective date.

SEC. 2. DECLARATION OF PURPOSE AND POLICY.

    (a) Statutory Protection.--Experience in both private and public 
employment indicates that the statutory protection of the right of 
employees to organize and bargain collectively safeguards the public 
interest and promotes economic stability and prosperity. Such 
protection facilitates and encourages the amicable settlement of 
disputes between employees and their employers involving the terms and 
conditions of employment and other matters of mutual concern.
    (b) Restore Intent.--It is the purpose of this Act to amend the 
National Labor Relations Act, the law which governs the rights of 
workers to organize and to bargain collectively, to reestablish its 
original intent, to give workers the power to protect their interests 
in the workplace, restore democracy, and promote the free and 
unobstructed flow of commerce.
    (c) Public Employment.--This Act prescribes certain rights and 
obligations of the employees of the States, territories and possessions 
of the United States, and the political subdivisions thereof, to 
establish procedures governing the relationship between such employees 
and their employers which are designed to meet the special requirements 
and needs of public employment.

SEC. 3. APPLICATION OF ACT.

    The provisions of the National Labor Relations Act shall apply to 
United States companies and their subsidiaries operating in any country 
that is a signatory to a Free Trade Agreement. Workers of such 
companies and subsidiaries shall have the right to file unfair labor 
practice complaints against the United States parent company under this 
Act and under the laws of the signatory country.

     TITLE I--GENERAL PROVISIONS REGARDING RIGHTS OF EMPLOYEES AND 
      ENFORCEMENT AUTHORITY OF THE NATIONAL LABOR RELATIONS BOARD

SEC. 101. RIGHT TO FIRST CONTRACT.

    Section 8(d) of the National Labor Relations Act (29 U.S.C. 158) is 
amended by inserting the following after the word ``Provided,'' the 
first time it appears:
    ``If not later than 45 days after certification, a collective 
bargaining agreement has not been reached, the union shall have the 
option of sending the contract dispute to compulsory and binding 
arbitration.''.

SEC. 102. STRIKES, BOYCOTTS, AND HOT CARGO AGREEMENTS.

    Section 8(b)(4) and subsection (e) of the National Labor Relations 
Act are repealed.

SEC. 103. TREATMENT OF GUARDS.

    Section 9(b) of the National Labor Relations Act is repealed.

SEC. 104. CARD RECOGNITION FOR COLLECTIVE BARGAINING UNITS.

    Section 9 of the National Labor Relations Act is amended by 
inserting at the end the following new subsections:
    ``(f) The National Labor Relations Board shall promulgate rules 
which plainly define the characteristics of employee units appropriate 
for collective bargaining groups. Appropriate unit includes groups of 
employees (of an employer) who have a community of interests that 
should be included in the same collective bargaining unit.
    ``(g) The National Labor Relations Board, upon receipt of a 
majority of signed union recognition cards of employees in an 
appropriate bargaining unit (as determined by the workers themselves 
within the guidelines established by the Board as specified in 
subsection (f)) shall certify such labor organizations as the exclusive 
representatives of all the employees in such unit for the purposes of 
collective bargaining and mutual aid.''.

SEC. 105. ENFORCEMENT AND AUTHORITY OF NATIONAL LABOR RELATIONS BOARD.

    (a) Section 10(c) of the National Labor Relations Act is amended 
by--
            (1) inserting ``(1)'' after ``(e)'';
            (2) striking out the fifth sentence of paragraph (1) (as 
        redesignated by this section) and inserting in lieu thereof the 
        following:
    ``If upon the preponderance of the testimony taken the Board shall 
not be of the opinion that the person named in the complaint has 
engaged in or is engaging in any such unfair labor practice, or has 
willfully violated or is willfully violating a final order as specified 
in subsection (b) of this section, then the Board shall state its 
findings of fact and shall issue an order dismissing the said 
complaint.'';
            (3) by adding at the end thereof the following new 
        paragraph:
    ``(2) If upon the preponderance of testimony taken the Board shall 
be of the opinion that the allegation in the complaint that a person 
has willfully violated or is willfully violating a final order as 
specified in subsection (b) of this section has been sustained, then 
the Board shall state its findings of fact and shall issue and cause to 
be served on such person an order certifying the identification of that 
person to the Secretary of Labor. Notwithstanding any other law, unless 
the Secretary of Labor determines that because of unusual circumstances 
the national interest requires otherwise, the Secretary shall certify 
the identity of such person to the Comptroller General. The Comptroller 
General shall distribute a list to all agencies of the United States 
containing the names of persons certified by the Secretary of Labor 
pursuant to this subsection. Unless the agency of the United States 
concerned, after notice and opportunity for hearing to all interested 
parties, certifies to the Secretary of Labor that there is no other 
source of material or services furnished by the person affected by the 
Board order, no contracts shall be awarded to such person for a 
reasonable, definitely stated period of time commensurate with the 
seriousness of the violation, as determined by the Secretary of Labor, 
but such period shall not exceed three years. A debarment may be 
removed or the period may be reduced by the Secretary of Labor upon the 
submission of an application, supported by documentary evidence, 
setting forth appropriate grounds for the granting of relief, including 
without limitation compliance with the final order found to have been 
willfully violated, bona fide change of ownership or management, a 
fraud or misrepresentation of the charging party: Provided, That this 
subparagraph shall restrict the award of contracts solely to the 
products or service performed at the particular facility or facilities 
where the willful violation occurs or of the business entity legally 
responsible for the willful violation or to the local, intermediate, 
national or international labor organization legally responsible for 
the willful violation.''
    (b) Additional Remedies.--The third sentence of section 10(c) of 
the National Labor Relations Act is amended--
            (1) by striking ``and'' immediately before ``to take such 
        affirmative action''; and
            (2) by inserting after ``with or without back pay'' the 
        following: ``and including making employees whole for the loss 
        of economic benefits resulting from a violation of section 
        8(a)(5) and to provide such other remedial relief''.
    (c) Injunctive Relief and Damages.--Section 10 of the National 
Labor Relations Act is amended by adding at the end the following 
subsection:
    ``(n) Notwithstanding the provisions of subsection (j), the 
National Labor Relations Board shall use the injunction power provided 
under such subsection whenever the Board determines that an employer 
has engaged in a willful violation of the unfair labor practice 
provisions under section 8.
    ``(o) The National Labor Relations Board will assess civil money 
penalties of not less than $10,000 against employers for each willful 
violation of the Act.
    ``(p) Upon issuance of a complaint which alleges an unfair labor 
practice under section 8 of the National Labor Relations Act, an 
employer shall reinstate a discharged employee pending adjudication and 
final review of such complaint.''.
    (d) Treble Damages.--Section 303 of the Management Relations Act of 
1947 is amended by adding at the end the following new subsection:
    ``(c) Any person who suffers financial injury by reason of any 
violation of section 8(a)(3) of the National Labor Relations Act may 
bring an action in any district court of the United States in the 
district in which the defendant resides or is found or has an agent, 
without respect to the amount in controversy, and shall recover an 
amount equal to 300 percent of the damages sustained by him, and the 
cost of the action, including reasonable attorneys' fees. A final 
judgment or decree rendered by the Board to the effect that a defendant 
has violated section 8(a)(3) shall be prima facie evidence against such 
defendant in any action brought by any person under this subsection.''.

SEC. 106. REPEALING PROHIBITION AUTHORITY.

    Subsection (b) of section 14 of the National Labor Relations Act is 
repealed.

    TITLE II--GENERAL PROVISIONS REGARDING RIGHTS OF EMPLOYEES AND 
      ENFORCEMENT AUTHORITY FOR THE NATIONAL LABOR RELATIONS BOARD

SEC. 201. DEFINITIONS.

    As used in this Act--
            (1) The term ``person'' includes one or more individuals, 
        organizations, unions, associations, partnerships, 
        corporations, boards, committees, commissions, agencies, or 
        other entity, or their representatives.
            (2) The term ``employer'' includes any State, territory, or 
        possession of the United States, or any political subdivision 
        thereof, including, without limitation, any town, city, county, 
        borough, district, school board, board of regents, social 
        service or welfare agency, public or quasi-public corporations, 
        housing authority or other entity which is tax supported, and 
        any person acting as an agent thereof.
            (3) The term ``employee'' includes any person employed by 
        an employer, whether or not in the classified service of the 
        employer, except the chief executive officer of the employer 
        and other officers of the employer appointed or elected 
pursuant to statute to policymaking positions. The term shall not be 
limited to the employees of a particular employer, and shall include 
any person whose work has ceased as a consequence of, or in connection 
with, any unlawful act as defined in section 210 of this Act.
            (4) The term ``employee organization'' includes any 
        organization, union, association, committee, council, or group 
        of any kind in which employees participate, and which exists 
        for the purpose, in whole or in part, of bargaining 
        collectively with employers over the terms and conditions of 
        employment and other matters of mutual concerns relating 
        thereto.
            (5) The term ``exclusive representative'' includes any 
        employee organization which has been--
                    (A) selected or designated pursuant to the 
                provisions of section 204 of this Act as the 
                representative of the employees in an appropriate 
                collective bargaining unit; or
                    (B) recognized by an employer prior to the 
                effective date of this Act as the exclusive 
                representative of the employees in an appropriate 
                collective bargaining unit.
            (6) The term ``supervisor'' includes any employee having 
        authority in the interest of an employer to hire, direct, 
        assign, promote, reward, transfer, layoff, recall, suspend, 
        discipline, or discharge other employees, or to adjust their 
        grievances, or to effectively recommend such action if in 
        connection with the foregoing the exercise of such authority is 
        not merely routine or clerical in nature but calls for the 
        consistent exercise of independent judgment: Provided, That 
        with respect to firefighters, the term ``supervisor'' shall 
        include only those employees who perform a preponderance of the 
        above-specified acts of authority.
            (7) The term ``professional'' includes any employee whose 
        work--
                    (A) is predominantly intellectual and varied in 
                character;
                    (B) requires the consistent exercise of independent 
                judgment;
                    (C) requires knowledge of an advanced nature in a 
                field of learning customarily acquired by specialized 
                study in an institution of higher education or its 
                equivalent; and
                    (D) is of such character that the output or result 
                accomplished cannot be standardized in relation to a 
                given period of time.
            (8) The term ``public safety officer'' includes any 
        employee engaged in--
                    (A) the enforcement of the criminal laws, including 
                highway patrol;
                    (B) a correctional program, facility, or 
                institution where the activity is potentially dangerous 
                because of contact with criminal suspects, defendants, 
                prisoners, probationers, or parolees; or
                    (C) a court having criminal or juvenile delinquent 
                jurisdiction where the activity is potentially 
                dangerous because of contact with criminal suspects, 
                defendants, prisoners, probationers, or parolees.
            (9) The term ``firefighter'' includes any employee engaged 
        in the performance of work directly connected with the control 
        and extinguishment of fires or the maintenance and use of 
        firefighting apparatus and equipment.
            (10) The term ``educational employee'' includes any 
        employee of a school system, college or university who--
                    (A) has regular contact with students;
                    (B) participates in the development, 
                implementation, or evaluation of an educational 
                program; or
                    (C) is otherwise involved in the educational 
                process.
            (11) The term ``Commission'' means the National Public 
        Employment Relations Commission established by section 202 of 
        this Act.
            (12) The term ``Service'' means the Federal Mediation and 
        Conciliation Service established by section 172 of chapter 29, 
        United States Code.
            (13) The term ``collective bargaining'' or ``bargaining'' 
        means the performance of the mutual obligation of the 
        representatives of the employer and the exclusive 
        representative to meet at reasonable times, in light of the 
        budgetmaking process and other relevant factors, and to confer, 
        consult, and bargain in a good faith effort to reach agreement 
        with respect to the terms and conditions of employment and 
        other matters of mutual concern relating thereto, and to 
        execute, if requested by either party, a written document 
        incorporating any agreements reached, but such obligation does 
        not compel either party to agree to a proposal or to make a 
        concession. The duty to negotiate shall extend to matters which 
        are or may be the subject of a statute, ordinance, regulation, 
        or other enactment by a State, territory, or possession of the 
        United States, or a political subdivision thereof, and if 
        legislative action is necessary to implement any agreement 
        reached, shall include the obligation of the employer to submit 
        such agreement to the appropriate governmental body for action.
            (14) The term ``labor dispute'' means any controversy 
        concerning terms and conditions of employment or other matters 
        of mutual concerns relating thereto, or concerning the 
        representation of employees for the purpose of collective 
        bargaining, regardless of whether the disputants stand in the 
        proximate relation of employer and employee.
            (15) In determining whether any person is acting as an 
        ``agent'' of another person so as to make such other person 
        responsible for his acts, the question of whether the specific 
        acts performed were actually authorized or subsequently 
        ratified shall not be controlling.

SEC. 202. NATIONAL PUBLIC EMPLOYMENT RELATIONS COMMISSION.

    (a) There is hereby created the ``National Public Employment 
Relations Commission'', which shall consist of five members who shall 
be appointed by the President by and with the advice and consent of the 
Senate. One of the original members shall be appointed for a term of 
one year, one for a term of two years, one for a term of three years, 
one for a term of four years, and one for a term of five years. Their 
successors shall be appointed for terms of five years each, except that 
any person chosen to fill a vacancy shall be appointed only for the 
unexpired term of the member whom he/she succeeds. Commission members 
shall be eligible for reappointment. The President shall designate one 
member to serve as Chair of the Commission. Any member of the 
Commission may be removed by the President, upon notice and hearing, 
for neglect of duty or malfeasance in office, but for no other cause.
    (b) A vacancy in the Commission shall not impair the right of the 
remaining members to exercise all the powers of the Commission, and 
three members of the Commission shall, at all times, constitute a 
quorum. The Commission shall have an official seal which shall be 
judicially noticed.
    (c) Members of the Commission shall not engage in any other 
business, vocation, or employment. The Commission shall appoint an 
Executive Director and may appoint State or regional directors, 
attorneys, and such other persons as it may from time to time find 
necessary for the proper performance of its functions and as may from 
time to time be appropriated for by the Congress. Attorneys appointed 
under this section may, at the direction of the Commission, appear for 
and represent the Commission in any case in court.
    (d) There shall be a General Counsel of the Commission who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, for a term of five years. The General Counsel shall be 
authorized to investigate alleged violations of the Act, to file and 
prosecute complaints filed under the Act, and to exercise such other 
powers as the Commission may prescribe. If a vacancy occurs in the 
Office of General Counsel, the President shall promptly designate an 
Acting General Counsel, and shall submit a nomination for a replacement 
to Congress within forty days after the vacancy has occurred, unless 
Congress shall have adjourned before the expiration of said forty-day 
period, in which event the President shall submit a nomination not 
later than ten days after Congress reconvenes.
    (e) All of the expenses of the Commission, including all necessary 
traveling and subsistence expenses outside the District of Columbia 
incurred by the members, employees, or agents of the Commission under 
it orders, shall be allowed and paid on the presentation of itemized 
vouchers therefor approved by the Commission or by any individual it 
designates for that purpose.
    (f) The principal office of the Commission shall be in the District 
of Columbia, but it may meet and exercise any or all of its powers at 
any other place, and may establish and operate State and regional 
offices. The Commission may, by one or more of its members or by such 
agents or agencies as it may designate, prosecute any inquiry necessary 
to its functions in any part of the United States. Members who 
participate in such an inquiry shall not be disqualified from 
subsequently participating in a decision of the Commission in the same 
case.
    (g) The Commission is authorized to issue, amend, and rescind, in 
the manner prescribed by subchapter II of chapter 5 of title 5, United 
States Code, such rules and regulations as may be necessary to carry 
out the provisions of this Act and is expressly empowered and directed 
to prevent any person from engaging in conduct in violation of this 
Act. In order to carry out its functions under this Act, the Commission 
is authorized to hold hearings, subpoena witnesses, administer oaths 
and take the testimony or deposition of any person under oath, and in 
connection therewith, to issue subpoenas requiring the production and 
examination of any books or papers, including those of the Federal 
Government or any employer, relating to any matter pending before it 
and to take such other action as may be necessary.
    (h)(1) Section 5314 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph:
            ``(54) Chair, National Public Employment Relations 
        Commission.''.
    (2) Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph:
            ``(92) Members, National Public Employment Relations 
        Commission.''.

SEC. 203. RIGHTS OF EMPLOYEES AND EMPLOYEE ORGANIZATIONS.

    (a) Employees shall have the right to form, join, or assist 
employee organizations, to participate in collective bargaining with 
employers through representatives of their own choosing and to engage 
in other activities, individually or in concert, for the purpose of 
establishing, maintaining, or improving terms and conditions of 
employment and other matters of mutual concern relating thereto.
    (b) Employee organizations shall have--
            (1) access at reasonable times to areas in which employees 
        work, the right to use the employer's bulletin boards, 
        mailboxes, and other communication media, subject to reasonable 
        regulation, and the right to use the employer's facilities at 
        reasonable times for the purpose of meetings concerned with the 
        exercise of the rights guaranteed by this Act: Provided, That 
        if an exclusive representative has been recognized, an employer 
        shall deny such access and usage to any employee organization 
        other than such representative until such time as a lawful and 
        timely challenge to the majority status of the representative 
        is raised pursuant to the provisions of section 6 of this Act; 
        and
            (2) the right to have deducted from the salary of 
        employees, upon receipt of an appropriate authorization form 
        which shall not be irrevocable for a period of more than one 
        year, an amount equal to the fees and dues required for 
        membership: Provided, That if an exclusive representative has 
        been recognized, an employer shall deny such deduction to any 
        employee organization other than such representative.
    (c) If an exclusive representative has been recognized for the 
employees in an appropriate collective bargaining unit, each employee 
in such a unit who is not a member of the recognized organization shall 
be required, as condition of continued employment, to pay to such 
organization for the period that it is the exclusive representative, an 
amount equal to the dues, fees, and assessments that a member is 
charged. Such payments shall be made in accordance with rules and 
regulations prescribed for such purpose by the Commission.

SEC. 204. REPRESENTATIVES AND COLLECTIVE-BARGAINING UNITS.

    (a) The employee organization designated or selected for the 
purpose of collective bargaining by the majority of the employees in an 
appropriate collective-bargaining unit shall be the exclusive 
representative of all the employees in such a unit for such purpose, 
and an employer shall not bargain in regard to matters covered by this 
Act with any employee, group of employees, or other employee 
organization: Provided, That nothing contained in this subsection shall 
prevent employees, individually or as a group, from presenting 
complaints informally to an employer, and from having such complaints 
adjusted without the intervention of the exclusive representative for 
the collective-bargaining unit of which they are a part, as long as 
such representative is given an opportunity to be present at said 
adjustment and to make its views known, and as long as the adjustment 
is not inconsistent with the terms of an agreement between the employer 
and the exclusive representative which is then in effect: Provided 
further, That such employer or employees shall not be represented by an 
officer or agent of any employee organization other than the exclusive 
representative.
    (b) Any employee organization may file a request for recognition as 
the exclusive representative under subsection (a) of this section with 
an employer and the Commission. Such request shall allege that a 
majority of the employees in an appropriate collective-bargaining unit 
wish to be represented for the purpose of collective bargaining by such 
organization, shall describe the grouping of jobs or positions which 
constitute the unit claimed to be appropriate, shall be supported by 
credible evidence in accordance with rules prescribed by the Commission 
demonstrating that a majority of the employees in the appropriate unit 
desire the organization requesting recognition as their exclusive 
representative, and shall indicate the name, address, and telephone 
number of any other interested employee organization, if known to the 
requesting organization. The employer shall, at the direction of the 
Commission, post a copy of such request on a bulletin board at each 
facility in which members of the unit claimed to be appropriate are 
employed. The request shall remain posted for a period of 21 days from 
the date on which the Commission directs that it be posted. The 
Commission shall maintain a public docket of all requests filed under 
this section. Such docket shall contain a copy of the request but shall 
not include any accompanying evidence of support. The request shall 
remain on the public docket until the case is closed. Such request for 
recognition shall be granted by the employer unless--
            (1) the employer has a good faith doubt as to the accuracy 
        or validity of the evidence demonstrating majority support in 
        an appropriate unit or as to the appropriateness of the claimed 
        unit;
            (2) there is currently in effect a lawful written 
        collective-bargaining agreement between the employer and 
        another employee organization covering any employees included 
        in the unit described in the request for recognition;
            (3) within the previous 12 months another employee 
        organization has been lawfully recognized or certified as the 
        exclusive representative of any employees included in the unit 
        described in the request for recognition; or
            (4) the Commission has, within the previous 12 months, 
        conducted a secret ballot election involving any employees 
        included in the unit described in the request for recognition 
        in which a majority of the valid ballots cast chose not to be 
        represented by any employee organization: Provided, That an 
        employer shall not grant a request for recognition filed 
        pursuant to this subsection (c)(2) below if another employee 
        organization files with the employer a competing request for 
        recognition within 21 days after the posting or notice of the 
        original request, which competing request is supported by 
        credible evidence demonstrating that at least 10 percent of the 
        employees in the appropriate collective-bargaining unit desire 
        such organization as their exclusive representative.
    (c) A petition may be filed with the Commission in accordance with 
rules and regulations prescribed by it for such dealings, asking it to 
investigate and decide the question of whether employees have selected 
or designated an exclusive representative under subsection (a) of this 
section by--
            (1) an employee organization alleging that 30 percent of 
        the employees in an appropriate collective bargaining unit wish 
        to be represented for the purpose of collective bargaining by 
        such organization, which petition shall describe the grouping 
        of jobs or positions which constitute the unit claimed to be 
        appropriate, shall be supported by credible evidence in 
        accordance with rules prescribed by the Commission 
        demonstrating the claimed employee support, and shall indicate 
        the name, address, and telephone number of any other interested 
        employee organization, if known to the requesting organization. 
        The employer shall, at the direction of the Commission, post a 
        copy of such request on a bulletin board at each facility in 
        which members of the unit claimed to be appropriate are 
        employed. The request shall remain posted for a period of 21 
        days from the date on which the Commission directs that it be 
        posted. The Commission shall maintain a public docket of all 
        requests filed under this section. Such docket shall contain a 
        copy of the request but shall not include any accompanying 
        evidence of support. The request shall remain on the public 
        docket until the case is closed;
            (2) an employer alleging that it has received a request for 
        exclusive recognition from one or more employee organizations; 
        or
            (3) by one or more employees in an appropriate collective-
        bargaining unit asserting that the employees in an appropriate 
        unit no longer desire a particular employee organization as 
        their exclusive representative: Provided, That such petition is 
        supported by signed statements to that effect from at least 30 
        percent of the employees in the appropriate collective-
        bargaining unit.
    (d) Upon receipt of such a petition, the Commission or its agents 
shall conduct such inquiries and investigations or hold such hearings 
as it shall deem necessary in order to decide the question raised by 
the petition. The Commission's determination may be based upon the 
evidence adduced in such inquiries, investigations, or hearings as it 
or its agents shall make or hold or upon the results of a secret ballot 
election as it shall direct and conduct if deemed necessary: Provided, 
That employee organization shall appear on a ballot unless it submits 
credible evidence demonstrating that at least 10 percent of the 
employees in the appropriate collective bargaining unit desire it as 
their exclusive representative: Provided further, That whenever one or 
more additional employee organizations has filed a timely request to 
intervene in the proceedings, which request is supported by credible 
evidence demonstrating that at least 10 percent of the employees in the 
appropriate collective bargaining unit desire it as their exclusive 
representative, the Commission shall direct an election by secret 
ballot and shall certify the results thereof: Provided further, That 
the Commission shall dismiss without determining the questions raised 
therein any petition filed pursuant to subsection (c) of this section 
if--
            (1) the petition is filed pursuant to subsection (c)(1) and 
        is not supported by credible evidence demonstrating that at 
        least 30 percent of the employees in the collective-bargaining 
        unit described therein wish to be represented for the purpose 
        of collective bargaining by the organization seeking 
        recognition;
            (2) there is currently in effect a lawful written 
        collective-bargaining agreement between such employer and 
        employee organization other than the petitioner covering any 
        employees included in the unit described in the petition, 
        unless such agreement has been in effect for more than three 
        years, or unless the request for recognition if filed less than 
        sixty days prior to the said expiration date as the Commission 
        may determine is reasonable because of the budget-making 
        procedure of the employer;
            (3) within the previous 12 months an employee organization 
        other then the petitioner, or other than the employee 
        organization challenged if the petition if filed pursuant to 
        subsection (c)(3), has been lawfully recognized or certified as 
        the exclusive representative of any employees included in the 
        unit described in the petition; or
            (4) the Commission has, within the previous 12 months, 
        conducted a secret ballot election involving any employee 
        included in the unit described in the petition in which a 
        majority of the valid ballot cast chose not to be represented 
        by any employee organization.
    (e) The Commission shall certify an employee organization as the 
exclusive representative of the employee in an appropriate collective-
bargaining unit if--
            (1) the organization receives a majority of the valid 
        ballots cast in an election conducted pursuant to subsection 
        (d) of this section;
            (2) the Commission determines, as provided in subsection 
        (d) of this section, without an election that the organization 
        represents an uncoerced majority of the employees in such unit 
        and that such majority status was achieved without the benefit 
        of unlawful employer assistance as defined in section 10(a) of 
        this Act or that the organization would represent such an 
        uncoerced majority if the employer had not engaged in unlawful 
        acts as defined in section 10(a) of this Act; or
            (3) upon request of an employee's organization that has 
        been recognized by an employer pursuant to subsection (b) of 
        this section, the Commission is satisfied that the organization 
        represents an uncoerced majority of employees in such unit and 
        that such majority status was achieved without the benefit of 
        unlawful employer assistance as defined in section 10(a) of 
        this Act.
    (f) In each case where the appropriateness of the claimed unit is 
in issue, the Commission shall decide the question on the basis of the 
community of interest among the public employees; wages, hours and 
other working conditions of the public employees involved; the history 
of collective bargaining; the efficiency of the operations and the 
administrative structure of the public employer; and the adverse effect 
of overfragmentation: Provided, That--
            (1) except in regard to firefighters and public safety 
        officers, a unit shall not be considered appropriate if it 
        includes both supervisors and nonsupervisors; in regard to 
        firefighters, a unit that includes both supervisors and 
        nonsupervisors may be considered appropriate; and in regard to 
        public safety officers, a unit that includes both supervisors 
        and nonsupervisors may be considered appropriate if a majority 
        of the employees in each category indicate by vote or other 
        credible evidence that they desire to be included in such unit; 
        and
            (2) a unit including both professionals and 
        nonprofessionals shall not be appropriate unless a majority of 
        the employees in each category indicate by vote or other 
        credible evidence that they desire to be included in such unit.
    (g) A determination by the Commission that an employee organization 
has been selected as the exclusive representative for the employees in 
an appropriate unit shall not be subject to judicial review or other 
collateral attack.

SEC. 205. IMPASSE IN COLLECTIVE BARGAINING OVER THE TERMS AND 
              CONDITIONS OF EMPLOYMENT AND OTHER MATTERS OF MUTUAL 
              CONCERN RELATING THERETO.

    (a) Either an employer or an exclusive representative may declare 
that an impasse has been reached between them in collective bargaining 
over the terms and conditions of employment and other matters of mutual 
concern relating thereto, and may request the Service to appoint a 
mediator for the purpose of assisting them in reconciling their 
differences and resolving the controversy on terms which are mutually 
acceptable. If the Service determines that an impasse exists, it shall, 
in no event later than five days after the receipt of a request, 
appoint a mediator in accordance with rules and regulations for such 
appointment prescribed by the Service. The Service may, on its own 
volition, declare impasse has been reached in collective bargaining 
over the terms and conditions of employment and other matters of mutual 
concern relating thereto and appoint a mediator. The mediator shall 
meet with the parties or their representatives, or both, forthwith, 
either jointly or separately, and shall take such other steps as he or 
she may deem appropriate in order to persuade the parties to resolve 
their differences and effect a mutually acceptable agreement: Provided, 
That the mediator shall not, without the consent of both parties, make 
findings of fact or recommend terms of settlement. The services of the 
mediator, including, if any, per diem expenses, shall be provided by 
the Service without cost to the parties. Nothing in this subsection 
shall be construed to prevent the parties from mutually agreeing upon 
their own mediation procedure and in the event of such agreement, the 
Service shall not appoint its own mediator unless failure to do so 
would be inconsistent with the effectuation of the purpose and policy 
of this Act. Representatives of the employer and the exclusive 
representative have a mutual obligation to meet for negotiations at 
reasonable times in light of the budgetmaking process.
    (b)(1) If the mediator is unable to effect settlement of the 
controversy within 15 days after his or her appointment, either party 
may, by written notification to the other, request that their 
differences be submitted to factfinding with recommendations. Such 
recommendations shall be advisory only, unless within 5 days after 
giving or receiving the aforesaid written request, the exclusive 
representative notifies the employer, in writing, that it desires the 
recommendations of the fact finder to be binding. Within 10 days after 
receipt of the aforesaid written request for factfinding, the parties 
shall select a person to serve as fact finder and obtain a commitment 
from said person to serve. If they are unable to agree upon a fact 
finder or to obtain such a commitment within said time, either party 
may request the Service to designate a fact finder. The Service shall, 
within 5 days after receipt of such a request, designate a fact finder 
in accordance with rules and regulations for such designation 
prescribed by the Service. The fact finder so designated shall not, 
without the consent of both parties, be the same person who was 
appointed mediator pursuant to subsection (a) of this section.
    (2) The fact finder shall, within 10 days after his or her 
appointment, meet with the parties of their representatives, or both, 
forthwith, either jointly or separately, and may make inquiries and 
investigations, hold hearings, and take such other steps as he or she 
may deem appropriate. For the purpose of such hearings, investigations, 
and inquiries, the fact finder shall have the power to issue subpoenas 
requiring the attendance and testimony of witnesses and the production 
of evidence. The several departments, commissions, divisions, 
authorities, boards, bureaus, agencies, and officers of the United 
States or of the State, territory, or possession affected, or any 
political subdivision thereof, shall furnish the fact finder, upon his 
or her request, with all records, papers, and information in their 
possession relating to any matter under investigation by or in issue 
before the fact finder. If the dispute is not settled within thirty 
days after his or her appointment, the fact finder shall make findings 
of fact and recommend terms of settlement, which recommendations shall 
be advisory only, unless the exclusive representative has previously 
notified the employer that such recommendations are to be binding in 
which case they shall be binding.
    (c) If the recommendations of the fact finder are binding--
            (1) the exclusive representative shall be prohibited from 
        engaging and employees shall be prohibited from participating 
        in a strike for the purpose of resolving a dispute which has 
        been submitted to the fact finder and in regard to which he or 
        she has recommended terms of settlement and nothing contained 
        in this Act or in any other law of the United States shall 
        prevent a court from granting a restraining order or temporary 
        or permanent injunction in a case involving a strike for such 
        purpose; and
            (2) the parties shall comply with the recommendations of 
        the fact finder: Provided, That if the employer does not have 
        the legal authority to comply with such recommendations or any 
        part thereof, it shall take such actions as may be necessary to 
        enable it to comply, including the submission of requests to 
        appropriate legislative bodies.
    (d) If the recommendations of the fact finder are advisory only, 
they shall, together with the findings of fact, be submitted in writing 
to the parties and the Service privately before they are made public. 
Either the Service, the fact finder, the employer, or the exclusive 
representative may make such findings and recommendations public if the 
dispute is not settled within 10 days after their receipt from the fact 
finder.
    (e) The costs for the services of the fact finder, including, if 
any, per diem expenses and actual and necessary travel and subsistence 
expenses, and any other mutually incurred costs, shall be borne equally 
by the employer and the exclusive representative. Any individually 
incurred costs shall be borne by the party incurring them.
     (f) Nothing in this section shall be construed to prohibit an 
employer and an exclusive representative from agreeing to substitute 
their own procedure for resolving impasse in collective bargaining for 
that provided herein or from agreeing to utilize for the purposes of 
this section any other governmental or other agency or person in lieu 
of the Service.

SEC. 206. DISPUTES OVER THE INTERPRETATION OR APPLICATION OF 
              AGREEMENTS.

    (a) An employer and an exclusive representative who enter into an 
agreement covering terms and conditions of employment and other matters 
of mutual concern relating thereto may include in such agreement 
procedures for binding arbitration of such disputes as may arise 
involving the interpretation or application of such agreement or of 
established policies or practices of such employer affecting terms and 
conditions of employment and other matters of mutual concern relating 
thereto.
    (b) If such agreement does not include procedures of the type 
provided for in subsection (a) of this section, either party to the 
agreement may submit such disputes to binding arbitration pursuant to 
rules and regulations prescribed for such purpose by the Commission.
     (c) Where a party to such agreement is aggrieved by the failure, 
neglect, or refusal of the other party to proceed to arbitration 
pursuant to the procedures provided therefor in such agreement or 
pursuant to subsection (b) of this section, such aggrieved party may 
file a complaint in the appropriate district court of the United States 
or the appropriate court of the affected State, territory, or 
possession of the United States for a summary action without jury 
seeking an order directing that the arbitration proceed pursuant to the 
procedures provided therefor in such agreement or pursuant to 
subsection (b) of this section.
    (d) Unless the award of the arbitrator is deficient because--
            (1) it was procured by corruption, fraud, or other 
        misconduct;
            (2) of partiality of the arbitrator; or
            (3) the arbitrator exceeded his or her powers or so 
        imperfectly executed them that a final and definite award upon 
        the subject matter was not made, such award shall be final and 
        binding upon the parties and may be enforced by the appropriate 
        district court of the United States or the appropriate court of 
the affected State, territory, or possession of the United States.

SEC. 207. STRIKES.

    (a) Except as otherwise expressly provided in subsections (b) and 
(c) of this section and in Section 209 and in subsection (c) of section 
7, nothing in this Act or in any other law or enactment of the United 
States, or of any State, territory, or possession of the United States, 
or any political subdivision thereof, shall be construed to interfere 
with, impede, or diminish the right of an exclusive representative to 
engage or of an employee to participate in a strike arising out of or 
in connection with a labor dispute.
    (b) A restraining order or temporary or permanent injunction may be 
granted in a case involving a strike by an exclusive representative 
arising out of or in connection with a labor dispute, only on the basis 
of findings of fact made by the appropriate district court of the 
United States after due notice and hearing prior to the issuance of 
such restraining order or injunction that--
            (1) the commencement or continuance of such strike poses a 
        clear and present danger to the public health or safety which 
        in light of all relevant circumstances it is in the best public 
        interest to prevent: Provided, That any restraining order or 
        injunction issued by a court for this reason shall prohibit 
        only such specific act or acts as shall be expressly determined 
        in said findings of fact to pose such clear and present danger 
        and shall remain in effect only for so long as such clear and 
        present danger continues to exist; or
            (2) the exclusive representative has failed to make a 
        reasonable effort to utilize the procedures provided in section 
        7 of this Act for the resolution of impasse in collective 
        bargaining: Provided, That any restraining order or injunction 
        issued by a court for this reason shall indicate the specific 
        act or acts which the representative has failed to perform and 
        shall remain in effect only until said act or acts shall have 
        been performed.
    (c) Nothing contained in this Act shall prevent a court from 
granting a restraining order or temporary or permanent injunction in a 
case involving a strike in violation of any lawful provision of an 
agreement covering terms and conditions of employment and other matters 
of mutual concern relating thereto.

SEC. 208. IMPASSE PROCEDURES FOR FIREFIGHTERS AND PUBLIC SAFETY 
              OFFICERS.

    (a) Arbitration Panel.--
            (1) If an employer or an exclusive representative declares 
        that an impasse exists on any issue later than 60 days after 
        the date on which collective bargaining proceedings begin, the 
        issue of dispute shall be brought before an arbitration panel 
        for a final and binding resolution. Such panel shall be 
        comprised of 3 arbitrators--
                    (A) one appointed by the employer and one appointed 
                by the exclusive representative within 15 days after 
                the date of request by the party declaring impasse; and
                    (B) an impartial arbitrator (who shall serve as 
                chair) selected by the arbitrators appointed under 
                subparagraph (A) within 5 days after the date of their 
                appointment.
            (2) In the event that the arbitrators appointed under 
        paragraph (1)(A) are unable to agree on the selection of the 
        impartial arbitrator, such arbitrators shall immediately 
        request a panel of arbitrators from the Federal Mediation and 
        Conciliation Service. Each such arbitrator shall advise the 
        Service of his or her order of preference within 5 days after 
        receipt of the names on the panel and appointment of the third 
        arbitrator shall then be made in accordance with the procedure 
        outlined in section 1401.13(b)(2) of title 29, Code of Federal 
        Regulations.
            (3) The arbitration panel shall conduct a hearing, within 
        14 days after the date of appointment of its chair, at a place 
        within the locality of the municipal government involved, where 
        feasible. The chair shall notify the representatives of the 
        employer and the exclusive representative as to date and place 
        of such hearing not less than 7 days before the date on which 
        the hearing is to be conducted.
    (b) Hearing Before Arbitration Panel.--
            (1) The chair shall preside over the hearing and shall take 
        testimony. Upon application and for good cause shown, a person, 
        labor organization or governmental unit having substantial 
        interest in the proceedings may be granted leave to intervene 
        by the arbitration panel. The proceedings shall be informal. 
        Any oral or documentary evidence and other data deemed relevant 
        by the arbitration panel may be received into evidence.
            (2) The arbitrators shall have the power to administer 
        oaths and to require by subpoenas the attendance and testimony 
        of witnesses, the production of books, records, and other 
        evidence relative to or pertinent to the issues presented to 
        them for determination.
            (3) If any person refuses to obey a subpoena, or refuses to 
        be sworn or to testify, or if any witness, party or attorney is 
        guilty of any contempt while in attendance at any hearing, the 
        arbitration panel shall invoke the aid of the district court of 
        the United States within the jurisdiction in which the hearing 
        is being held. Such court shall issue an appropriate order.
    (c) Record and Transcripts; Decision.--
            (1) A record of the proceedings shall be kept, and the 
        chair shall arrange for the necessary recording service. 
        Transcripts may be ordered at the expense of the party ordering 
        them, but the transcripts shall not be necessary for an award 
        by the panel. The hearing may be continued at the discretion of 
        the panel, but shall be concluded within 30 days after the time 
        of commencement. At the conclusion of the hearing, each party 
        shall submit a written statement containing its final position 
        with respect to each of the issues in dispute to the panel, 
        which shall take such statements under advisement.
            (2) Within 10 days after conclusion of the hearing, a 
        majority of the panel shall issue a statement of its findings 
and conclusions and shall give written notice of the panel's decision 
of the issue or issues at impasse. The decision of the panel shall be 
final and binding upon the parties and upon the appropriate legislative 
body.
    (d) Awards; Enforcement.--Any award of the arbitration panel may be 
retroactive to the expiration date of the last contract. If an employer 
or an exclusive representative willfully disobeys a lawful decision of 
the arbitration panel or willfully encourages or offers resistance to 
such order, the other party may seek enforcement of the order in the 
district court of the United States within the jurisdiction in which 
the hearing is held.
    (e) Arbitration Costs.--The costs of arbitration shall be shared 
equally by the parties, including any intervenor.

SEC. 209. STRIKES AND FIREFIGHTERS AND PUBLIC SAFETY OFFICERS.

    No firefighter or public safety officer or exclusive representative 
thereof shall engage in a strike or induce, encourage or condone any 
strike, work stoppage, slowdown, or withholding of service by fire 
fighters or public safety officers.

SEC. 210. UNLAWFUL ACTS.

    (a) It shall be unlawful for an employer to--
            (1) impose or threaten to impose reprisals on any employee, 
        discriminate, or threaten to discriminate against any employee 
        or otherwise interfere with, restrain, or coerce any employee 
        because of his or her exercise of rights guaranteed by this 
        Act;
            (2) dominate, interfere with, or assist in the formation or 
        administration of any employee organization;
            (3) encourage or discourage membership in any employee 
        organization by discrimination in regard to hire, tenure of 
        employment, or any term or condition of employment: Provided, 
        That nothing contained in this subsection shall prevent an 
        employer from requiring, as a condition of continued 
        employment, payment to or membership in an exclusive 
        representative pursuant to section 5(c) and section 5(d) of 
        this Act, respectively: Provided further, That no employer 
        shall justify any discrimination against any employee for non-
        membership in any employee organization if he or she has 
        reasonable grounds for believing such membership was--
                    (A) not available to the employee on the same terms 
                and conditions generally applicable to other members; 
                or
                    (B) denied or terminated for reasons other than the 
                failure of the employee to tender the dues, fees, and 
                assessments uniformly required as a condition of 
                acquiring or retaining membership;
            (4) deny to any employee organization the rights guaranteed 
        to it by this Act;
            (5) refuse to bargain in good faith with an exclusive 
        representative if requested to do so; or
            (6) fail to comply with any provision of this Act.
    (b) It shall be unlawful for--
            (1) an employee organization to restrain or coerce any 
        employee in the exercise of the rights guaranteed to him or her 
        by this Act: Provided, That this subsection shall not impair 
        the right of an employee organization to prescribe its own 
        rules with respect to the acquisition or retention of 
        membership therein;
            (2) an employee organization to restrain or coerce an 
        employer in the selection of its representative for the purpose 
        of collective bargaining or the adjustment of grievances; or
            (3) an exclusive representative to refuse or fail to 
        bargain in good faith with an employer if requested to do so.

SEC. 211. PREVENTION OF UNLAWFUL ACTS.

    (a) The Commission is empowered, as hereinafter provided, to 
prevent any person from engaging in any unlawful act as defined in 
section 10 of this Act. This power shall not be affected by any other 
means of adjustment or prevention that has been or may be established 
by agreement, law, or otherwise.
    (b) Whenever it is charged that any person has engaged in or is 
engaging in any such unlawful act, the Commission or any agent or 
agency designated by the Commission for such purpose, shall have the 
power to issue and cause to be served upon such person a complaint 
stating the charges in that respect, and containing a notice of hearing 
before the Commission or a member thereof, or before a designated agent 
or agency, at a place therein fixed, not less than five days after the 
serving of said complaint: Provided, That no complaint shall issue 
based upon any unlawful act occurring more than 6 months prior to the 
filing of the charge with the Commission and the service of a copy 
thereof upon the person against whom such charge is made, unless the 
person aggrieved thereby was prevented from filing such a charge by 
reason of service in the Armed Forces, in which event the 6-month 
period shall be computed from the date of his or her discharge. Any 
such complaint may be amended by the member, agent, or agency 
conducting the hearing or the Commission in its discretion at any time 
prior to the issuance of an order based thereon: Provided further, That 
the person complained of is not unfairly prejudiced by such amendment. 
The person so complained of shall have the right to file an answer to 
the original or amended complaint and to appear in person or otherwise 
and give testimony at the time and place fixed in the complaint. In the 
discretion of the member, agent, or agency conducting the hearing or 
the Commission, any other person may be allowed to intervene in the 
said proceeding and to present testimony. Any such proceeding shall, so 
far as practicable, be conducted in accordance with the provisions of 
subchapter II of chapter 5 of title 5, United States Code: Provided 
further, That the rules of evidence, whether statutory, common law, or 
adopted by rules of court, shall not be controlling.
    (c) The testimony taken by such member, agent, or agency of the 
Commission shall be reduced to writing and filed with the Commission. 
Thereafter, in its discretion, the Commission, upon notice, may take 
further testimony or hear argument. If upon the preponderance of the 
testimony taken, the Commission shall be of the opinion that any person 
named in the complaint has engaged in or is engaging in any such 
unlawful act, then the Commission shall state its findings of fact and 
shall issue and cause to be served upon such person, an order requiring 
such person to cease and desist from such unlawful act, and to take 
such affirmative action as will effectuate the purpose and policy of 
this Act, including the payment of damages and/or the reinstatement of 
employees: Provided, That where an order directs reinstatement of an 
employee, back pay may be required of the employer and/or the employee 
organization, as the case may be, responsible for the discrimination 
suffered by him or her. Such order may further require such person to 
make reports from time to time showing the extent to which it has 
complied with the order. If upon the preponderance of the testimony 
taken the Commission shall not be of the opinion that the person named 
in the complaint has engaged in or is engaging in any such unlawful 
act, then the Commission shall state its findings of fact and shall 
issue an order dismissing the said complaint. No order of the 
Commission shall require the reinstatement of any individual as an 
employee who has been suspended or discharged, or the payment to him or 
her of any back pay, if such individual was suspended or discharged for 
cause. In case the evidence is presented before a member of the 
Commission, or before an agent or agency thereof, as the case may be, 
shall issue and cause to be served upon the parties to the proceeding a 
proposed report, together with a recommended order, which shall be 
filed with the Commission and if no exceptions are filed within twenty 
days after service thereof upon such parties, or with such further 
period as the Commission may authorize, such recommended order shall 
become the order of the Commission and become effective as therein 
prescribed.
    (d) If exceptions are filed to the proposed report and recommended 
order, the Commission shall determine whether such exceptions raise 
substantial issues of fact or law. If it determines that the exceptions 
do raise such issues, it shall grant a review. If the Commission 
determines that the exceptions do not raise such issues, it shall 
refuse to grant a review, and such recommended order shall become the 
order of the Commission, and become effective as therein provided.
    (e) Until the record in a case shall have been filed in a court, as 
hereinafter provided, the Commission may at any time, upon reasonable 
notice and in such manner as it shall deem proper, modify, or set 
aside, in whole or in part, any finding or order made or issued by it.
    (f) The Commission or the charging party shall have power to 
petition any court of appeals of the United States in the circuit, 
wherein the unlawful act in question occurred or wherein the person 
named in the complaint resides or transacts business, for the 
enforcement of such order and for appropriate temporary relief or 
restraining order, and shall file in the court the record in the 
proceedings, as provided in section 2112 of title 28, United States 
Code. Upon the filing of such petition, the court shall cause notice 
thereof to be served upon such person, and thereupon shall have 
jurisdiction of the proceeding and of the question determined therein, 
and shall have power to grant such temporary relief or restraining 
order as it deems just and proper, and to make and enter a decree 
enforcing, modifying, and enforcing as so modified, or setting aside in 
whole or in part the order of the Commission. No objection that has not 
been urged before the Commission, or its member, agent, or agency, 
shall be considered by the court, unless the failure of neglect to urge 
such objection shall be excused because of extraordinary circumstances. 
The findings of the Commission with respect to questions of fact, if 
supported by substantial evidence on the record considered as a whole 
shall be conclusive. If any person shall apply to the court for leave 
to adduce additional evidence, and shall show to the satisfaction of 
the court that such additional evidence is material, and that there 
were reasonable grounds for the failure to adduce such evidence in the 
hearing before the Commission, or its member, agent, or agency, the 
court may order such additional evidence to be taken before the 
Commission, or its member, agent, or agency, and to be made a part of 
the record. The Commission may modify its findings as to the facts, or 
make new findings by reason of additional evidence so taken and filed, 
and it shall file such modified or new findings, which findings with 
respect to questions of fact if supported by substantial evidence on 
the record considered as a whole shall be conclusive, and shall file 
its recommendations, if any, for the modification or setting aside of 
its original order. Upon the filing of the record with it, the 
jurisdiction of the court shall be exclusive and its judgment and 
decree shall be final, except that the same shall be subject to review 
by the Supreme Court of the United States upon writ of certiorari or 
certification as provided in section 1254 of title 28, United States 
Code.
    (g) Any person aggrieved by a final order of the Commission 
granting or denying, in whole or in part, the relief sought may obtain 
a review of such order in any circuit court of appeals of the United 
States in the circuit wherein the unlawful act in question was alleged 
to have occurred or wherein such person resides or transacts business, 
or in the United States Court of Appeals for the District of Columbia, 
by filing in such court within 60 days, a written petition praying that 
the order of the Commission be modified or set aside. A copy of such 
petition shall be forthwith transmitted by the clerk of the court to 
the Commission, and thereupon the aggrieved person shall file in the 
court the record of the proceeding, certified by the Commission, as 
provided in section 2112 of title 28, United States Code. Upon the 
filing of such petition, the court shall proceed in the same manner as 
in the case of an application by the Commission under subsection (e) of 
this section, and shall have the same jurisdiction to grant to the 
Commission such temporary relief or restraining order as it deems just 
and proper, and in like manner to make and enter a decree enforcing, 
modifying, and enforcing as so modified, or setting aside, in whole or 
in part, the order of the Commission. The findings of the Commission 
with respect to questions of fact, if supported by substantial evidence 
on the record considered as a whole, shall in like manner be 
conclusive.
    (h) In any proceeding for enforcement or review of a Commission 
order held pursuant to this section, evidence adduced during a 
representation proceeding held pursuant to section 6 of the Act shall 
not be included in the record required to be filed under section 11(f) 
and (g) of the Act, nor shall the court consider the record of such 
proceeding.
    (i) The commencement of proceedings under subsection (e) or (f) of 
this section shall not, unless specifically ordered by the court, 
operate as a stay of the Commission's order.
    (j) When granting temporary relief or restraining order, or making 
and entering a decree enforcing, modifying, and enforcing as so 
modified, or setting aside in whole or in part, an order of the 
Commission, as provided in this section, the jurisdiction of courts 
sitting in equity shall not be limited by the provisions of section 20 
of the Act entitled ``An Act to supplement existing laws against 
unlawful restraints and monopolies and for other purposes'', approved 
October 15, 1914, as amended (29 U.S.C. 52), or the provisions of the 
Act entitled ``An Act to amend the Judicial Code and to define and 
limit the jurisdiction of courts sitting in equity, and for other 
purposes'', approved March 23, 1932 (29 U.S.C. 101-115).
    (k) Petitions filed under this Act shall be heard expeditiously, 
and if possible within 10 days after they have been docketed.
    (l) The Commission shall have power, upon issuance of a complaint 
as provided in subsection (b) of this section charging that any person 
has engaged in or is engaging in an unlawful act as defined in section 
10 of this Act, to petition any district court of the United States 
(including the District Court of the United States for the District of 
Columbia), within any district wherein the unlawful act in question is 
alleged to have occurred or wherein such person resides or transacts 
business, for appropriate temporary relief or restraining order. Upon 
the filing of any such petition the court shall cause notice thereof to 
be served upon such person, and thereupon shall have jurisdiction to 
grant to the Commission such temporary relief or restraining order as 
it deems just and proper.
    (m)(1) For the purpose of all hearings and investigations which the 
Commission determines are necessary and proper for the exercise of its 
powers under this Act, the Commission or its duly authorized agent or 
agency shall at all reasonable times have access to, for the purpose of 
examination, and the right to copy any evidence of any person being 
investigated or proceeded against that relates to any matter under 
investigation or in question. The Commission, or any member thereof, 
shall upon application of any party to such proceeding, forthwith issue 
to such party subpoenas requiring the attendance and testimony of 
witnesses or the production of any evidence in such proceeding or 
investigation requested in such application. Within 5 days after the 
service of a subpoena upon any person requiring the production of any 
evidence in his or her possession or under his or her control, such 
person may petition the Commission to revoke, and the Commission shall 
revoke, such subpoena if in its opinion the evidence whose production 
is required does not relate to any matter under investigation, or any 
matter in question in such proceeding, or if in its opinion such 
subpoena does not describe with sufficient particularity the evidence 
whose production is required. Any member of the Commission, or any 
agent or agency designated by the Commission for such purposes, may 
administer oaths and affirmations, examine witnesses, and receive 
evidence. Such attendance of witnesses and the production of such 
evidence may be required from any place in any State, territory, or 
possession of the United States, at any designated place of hearing.
    (2) In case of contumacy or refusal to obey a subpoena issued to 
any person, any district court of the United States, including the 
District Court of the United States for the District of Columbia, or 
the United States courts of any territory or possession, within the 
jurisdiction of which the inquiry is carried on or within the 
jurisdiction of which said person guilty of contumacy or refusal to 
obey is found or resides or transacts business, upon application by the 
Commission shall have jurisdiction to issue to such person an order 
requiring such person to appear before the Commission, its member, 
agent, or agency, there to produce evidence if so ordered, or there to 
give testimony touching the matter under investigation or in question; 
and any failure to obey such order of the court may be punished by said 
court as a contempt thereof.
    (3) Nor person shall be excused from attending and testifying or 
from producing books, records, correspondence, documents, or other 
evidence in obedience to subpoena of the Commission, on the ground that 
the testimony or evidence required of him or her may tend to 
incriminate him or her or subject him or her to a penalty of 
forfeiture; but no individual shall be prosecuted or subjected to any 
penalty or forfeiture for or on account of any transaction, matter, or 
thing concerning which he or she is compelled, after having claimed his 
or her privilege against self-incrimination, to testify or produce 
evidence, except that such individual so testifying shall not be exempt 
from prosecution and punishment for perjury committed in so testifying.
    (4) Complaints, orders, and other process and papers of the 
Commission, its member, agent, or agency, may be served either 
personally, by registered mail, by telegraph, or by leaving a copy 
thereof at a the principal office or place of business of the person 
required to be served. The verified return by the individual so serving 
the same setting forth the manner of such service shall be proof of the 
same, and the return post office receipt or telegraph receipt therefor 
when registered and mailed or telegraphed as aforesaid shall be proof 
of service of the same. Witnesses summoned before the Commission, its 
members, agent, or agency shall be paid the same fees and mileage that 
are paid witnesses in the courts of the United States, and witnesses 
whose depositions are taken and the persons taking the same shall be 
entitled to the same fees as are paid for like services in the courts 
of the United States.
    (5) All process of any court to which application may be made under 
this Act may be served in the judicial district wherein the defendant 
or other person required to be served resides or may be found.
    (6) Any person who shall willfully resist, prevent, impede, or 
interfere with any member of the Commission of a member, agent, or 
agency thereof in the performance of duties pursuant to this Act shall 
be punished by a fine of not more than $5,000 or by imprisonment for 
not more than one year, or both.

SEC. 212. APPLICABILITY OF THIS ACT.

    Nothing in this law shall preclude or limit any State from adopting 
rules by law or regulation that give employees additional rights than 
those required by this Act.

SEC. 213. MISCELLANEOUS.

    (a) Except as otherwise expressly provided herein, nothing in this 
Act shall be construed to annul, modify, or preclude the renewal or 
continuation of any lawful agreement entered into prior to the 
effective date of this Act between an employer and an employee 
organization covering terms and conditions of employment and other 
matters of mutual concern relating thereto.
    (b) All laws or parts of laws of the United States inconsistent 
with the provisions of this Act are modified or repealed as necessary 
to remove such inconsistency, and this Act shall take precedence over 
all ordinances, rules, regulations, or other enactments of any State, 
territory, or possession of the United States or any political 
subdivision thereof. Except as otherwise expressly provided herein, 
nothing contained in this Act shall be construed to deny or otherwise 
abridge any rights, privileges, or benefits granted by law to 
employees.
    (c) If any provision of this Act shall be held invalid, other 
provisions of this Act shall not be affected thereby.

SEC. 214. EFFECTIVE DATE.

    The Act shall take effect 120 days following its enactment.

         TITLE III--GENERAL PROVISIONS REGARDING PENSION PLANS

SEC. 301. REQUIREMENTS RELATING TO TRUSTEESHIP OF SINGLE-EMPLOYER 
              PLANS.

    (a) In General.--Section 403(a) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1103(a)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' after ``(a)''; and
            (3) by adding at the end the following new paragraph:
            ``(2)(A) The assets of a single-employer plan shall be held 
        in trust by a joint board of trustees, which shall consist of 2 
        or more trustees representing on an equal basis the interests 
        of the employer or employers maintaining the plan and the 
        interests of the participants and their beneficiaries.
            ``(B)(i) Except as provided in clause (ii), in any case in 
        which the plan is maintained pursuant to one or more collective 
        bargaining agreements between one or more employee 
        organizations and one or more employers, the trustees 
        representing the interests of the participants and their 
        beneficiaries shall be designated by such employee 
        organizations.
            ``(ii) Clause (i) shall not apply with respect to a plan 
        described in such clause if the employee organization (or all 
        employee organizations, if more than one) referred to in such 
        clause file with the Secretary, in such form and manner as 
        shall be prescribed in regulations of the Secretary, a written 
        waiver of their rights under clause (i).
            ``(iii) In any case in which clause (i) does not apply with 
        respect to a single-employer plan because the plan is not 
        described in clause (i) or because of a waiver filed pursuant 
        to clause (ii), the trustee or trustees representing the 
        interests of the participants and their beneficiaries shall 
        consist of 1 or more participants under the plan elected to 
        serve as such in accordance with this clause. The Secretary 
        shall provide by regulation for a secret ballot of the 
        participants under the plan for the purposes of such election, 
        and for certification of the results thereof to the 
        participants (and any employee organization referred to in 
        clause (ii)) and to the employer.''.

SEC. 302. EFFECTIVE DATE.

    The amendments made by section 1 shall apply with respect to plan 
years beginning after 180 days after the date of the enactment of this 
Act. The Secretary of Labor shall prescribe the initial regulations 
necessary to carry out the provisions of such amendments not later than 
90 days after the date of the enactment of this Act.
                                 <all>