[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4636 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4636

            To amend certain labor laws to ensure fairness.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2002

Mr. Norwood (for himself, Mr. DeLay, Mr. Ballenger, Mr. Sam Johnson of 
    Texas, Mr. Graham, Mr. DeMint, Mr. Culberson, and Mr. Tancredo) 
 introduced the following bill; which was referred to the Committee on 
 Education and the Workforce, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
            To amend certain labor laws to ensure fairness.

    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 ``Workers' Bill of Rights''.

SEC. 2. NATIONAL LABOR RELATIONS ACT.

    (a) Recognition of Representative.--
            (1) In general.--Section 8(a)(2) of the National Labor 
        Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting 
        before the colon the following: ``or to recognize or bargain 
        collectively with a labor organization that has not been 
        selected by such employees in a secret ballot election 
        conducted in accordance with section 9''.
            (2) Application.--The amendment made by subsection (a) 
        shall not apply to collective bargaining relationships that 
        were recognized before the date of the enactment of this Act.
    (b) Limitation on Dues Collection Agreement.--Section 8(a)(3) of 
the National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended to 
read as follows:
            ``(3) by discrimination in regard to hire or tenure of 
        employment or any term or condition of employment to encourage 
        membership in any labor organization: Provided, That nothing in 
        this Act, or in any other statute of the United States, shall 
        preclude an employer from making an agreement with a labor 
        organization (not established, maintained, or assisted by any 
        action defined in this subsection as an unfair labor practice) 
        to require as a condition of employment payment of dues or a 
        fee equal to that portion of dues actually spent on collective 
        bargaining representation of the employees in the collective 
        bargaining unit covered by such agreement on or after the 30th 
        day following the beginning of such employment or the effective 
        date of such agreement, whichever is the later (A) if such 
        labor organization is the representative of the employees as 
        provided in section 9(a) in the appropriate collective-
        bargaining unit covered by such agreement when made, (B) if 
        such agreement provides that employees are allowed to elect to 
        pay a reduced fee instead of dues at any reasonable time, but 
        not less than once per month, by notifying at any time their 
        collective bargaining representative of this election and that 
        all employees covered by such arrangement are clearly notified 
        of their rights by the labor organization under this paragraph 
        in a separate written notice delivered personnally or by mail 
        upon hiring and thereafter not less than once each year, and 
        (C) unless following an election held as provided in section 
        9(e) within one year preceding the effective date of such 
        agreement, the Board shall have certified that a majority 
        voting in such election have voted to rescind the authority of 
        such labor organization to make such an agreement: Provided 
        further, That no employer shall justify any discrimination 
        against an employee for nonmembership in a labor organization 
(i) if he has reasonable grounds for believing that membership was not 
available to the employee on the same terms and conditions generally 
applicable to other members, or (ii) if he has reasonable grounds for 
believing that membership was denied or terminated for reasons other 
than the failure of the employee to tender the periodic dues and the 
initiation fees uniformly required as a condition of acquiring or 
retaining membership.''.
    (c) Membership Right To Vote on Contracts.--Section 8(b) of the 
National Labor Relations Act (29 U.S.C. 158(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of the paragraph (7) 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) to strike an employer unless the employees of the 
        collective bargaining unit engaged in the strike have voted by 
        secret ballot to reject the last contract offer proposed by 
        such employer; and''.
    (d) Election Required.--
            (1) In general.--Section 8(b) of the National Labor 
        Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) 
        of this section, is amended by adding at the end the following:
            ``(9) to cause or attempt to cause an employer to recognize 
        or bargain collectively with a representative of a labor 
        organization that has not been selected by such employees in a 
        secret ballot election conducted in accordance with section 
        9.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        not apply to collective bargaining relationships that were 
        recognized before the date of the enactment of this Act.
    (e) Secret Ballot Election.--Section 9(a) of the National Labor 
Relations Act (29 U.S.C. 159(a)), is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by inserting after ``designated or selected'' the 
        following: ``by a secret ballot election conducted in 
        accordance with this section''; and
            (3) by adding at the end the following:
    ``(2) Paragraph (1) shall not apply to collective bargaining 
relationships that were recognized before the date of the enactment of 
the Workers' Bill of Rights Act.''.
    (f) Contract Bar.--Section 9(c)(1) of the National Labor Relations 
Act (29 U.S.C. 159(c)(1)) is amended by adding at the end the following 
sentence: ``The Board shall not refrain to direct an election under 
this section on the grounds of the existence of a collective bargaining 
contract that became effective 1 or more years before the filing of a 
petition for such election.''.
    (g) Deauthorization of Union Security Agreements.--Section 9(e)(1) 
of the National Labor Relations Act (29 U.S.C. 159(e)(1)) is amended by 
adding at the end the following sentence: ``Such authority shall be 
rescinded if a majority of the ballots cast vote to rescind the 
authority.''.
    (h) Enforcement of Limitation on Dues Agreement.--Section 10 of the 
National Labor Relations Act (29 U.S.C. 160) is amended--
            (1) by redesignating subsection (m) as subsection (n); and
            (2) by inserting after subsection (l) the following:
    ``(m) Money Damages.--
            ``(1) Liability.--If an employee disputes the amount of 
        fees collected by the labor organization under an agreement 
        with the employer under section 8(a)(3), such employee may 
        bring a civil action against the labor organization--
                    ``(A) for total damages, for each employee, equal 
                to--
                            ``(i) 10 times the amount of fees taken in 
                        violation of this section;
                            ``(ii) the interest on the amount described 
                        in clause (i) calculated at the prevailing 
                        rate; and
                            ``(iii) not more than $1,500 in punitive 
                        damages; and
                    ``(B) for such equitable relief as may be 
                appropriate.
            ``(2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any labor organization in any Federal court of 
        competent jurisdiction by any one or more employees for and on 
        behalf of--
                    ``(A) the employees; or
                    ``(B) the employees and other employees similarly 
                situated.
            ``(3) Fees and costs.--The court in such action shall, in 
        addition to any judgment awarded to the plaintiff, allow for 
        reasonable attorney's fee, expert witness fees, and other costs 
        of the action to be paid by the defendant.
            ``(4) Limitation.--An action may be brought under this 
        subsection not later that 2 years after the date the employee 
knew or should have known that dues or fees were accepted or spent by a 
labor organization in violation of this Act, except that such period 
shall be extended to 3 years in the case of a willful violation by a 
labor organization.''.

SEC. 3. LABOR MANAGEMENT AND REPORTING ACT.

    (a) Recipients of Federal Funds.--Section 3(e) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(e)) is 
amended--
            (1) by striking ``Employer'' and inserting ``(1) Except as 
        provided in paragraph (2), employer''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding the exclusion in paragraph (1), an employer 
shall also include any employer or any group or association of 
employers that receives Federal funds.''.
    (b) Disclosure.--Section 3 of the Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 402) is amended by adding at the end 
the following new subsection:
            ``(s) `Core dues payer' means any employee, other than a 
        member, who pays dues, fees or assessments to a labor 
        organization as a result of an agreement between an employer 
        and a labor organization.''.
    (c) Voting.--Section 101(a) of the Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(A)'' after ``(a)(1)''; and
                    (B) by striking ``Rights'' in the heading and 
                inserting ``rights for members'';
            (2) by inserting after paragraph (1)(A) (as designated by 
        paragraph (1)(A) of this subsection) the following new 
        subparagraph:
    ``(B) Rights for core dues payers.--Every core dues payer shall 
have the same right as any member of the labor organization to 
participate in any vote that concerns a strike by the bargaining unit 
in which such employee is employed or that concerns the wages, 
benefits, or working conditions of the employees of such bargaining 
unit.''.
    (d) Availability of Information.--Section 201(c) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is 
amended to read as follows:
    ``(c) Availability of Information to Members; Examination of Books, 
Records and Accounts.--Each labor organization required to submit a 
report under this title, shall make available the information required 
to be contained in such report to all of its members and core dues 
payers, and every such labor organization and its officers shall be 
under a duty enforceable at the competent jurisdiction or in the 
district court of the United States for the district in which such 
labor organization maintains its principal office, to permit such 
member or core dues payer to examine any books, records, and accounts 
necessary to verify such report, unless the labor organization shows 
that such examination is initiated primarily for vexatious purposes.''.
    (e) Purposes of Establishment of Trusteeship.--
            (1) Trusteeship.--Section 302 of the Labor-Management 
        Reporting and Disclosure Act of 1959 (29 U.S.C. 462) is 
        amended--
                    (A) by inserting ``(a)'' before ``Trusteeships''; 
                and
                    (B) by adding at the end the following:
    ``(b)(1) Except as provided in paragraph (2), a trusteeship may be 
authorized only after a fair hearing either before the executive board 
or such other body as may be provided by the constitution and bylaws of 
the labor organization and only if, in such hearing, the labor 
organization establishes by the preponderance of evidence that the 
trusteeship is necessary for a purpose allowable under this section.
    ``(2) If immediate action is necessary to fulfill the purposes of 
this section, a temporary trusteeship may be established, for not more 
than 30 days, pending a hearing under paragraph (1).''.
            (2) Enforcement.--Section 304(c) of the Labor-Management 
        Reporting and Disclosure Act of 1959 (29 U.S.C. 464(c)) is 
        amended to read as follows: ``(c) Eighteen months after the 
        authorization of a trusteeship, such trusteeship shall be 
        presumed invalid in any proceeding pursuant to this section and 
        its discontinuance shall be decreed unless the labor 
        organization shall show by clear and convincing proof that the 
        continuation of the trusteeship is necessary for a purpose 
        allowable under section 302. In the latter event the court may 
        dismiss the complaint or retain jurisdiction of the cause on 
        such conditions and for such period as it deems appropriate.''
            (3) Dissolution of trusteeship.--Section 304 of the Labor-
        Management Reporting and Disclosure Act of 1959 (29 U.S.C. 464) 
        is amended by adding at the end the following:
    ``(d) Upon dissolution of a trusteeship, the previously elected 
officers of the local union shall be reinstated or a new election 
promptly held in conformity with title IV. If the trusteeship is 
dissolved by order of a court pursuant to this title, and the court 
orders an election, such election shall be conducted under the 
supervision of the court.''.
    (f) Elections.--
            (1) Membership lists.--Section 401(c) of the Labor-
        Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
        481(c)) is amended--
                    (A) by striking ``30 days'' and inserting ``60 
                days''; and
                    (B) by striking ``to inspect a list'' and inserting 
                ``to inspect and, upon request, to be provided with a 
                copy of a list''.
            (2) District council officers.--Section 401(d) of the 
        Labor-Management Reporting and Disclosure Act of 1959 (29 
        U.S.C. 481(d)) is amended to read as follows:
    ``(d) Officers of intermediate bodies, such as general committees, 
system boards, joint boards or joint councils who engage in 
negotiation, administration or enforcement of collective agreements, or 
exercise control over the finances or other major functions of local 
unions, shall be elected not less often than once every 4 years by 
secret ballot among members in good standing. Officers of other 
intermediate bodies may be elected by representatives of such members 
who have been elected by secret ballot by members in good standing.''.
            (3) Qualifications.--Section 401(e) of the Labor-Management 
        Reporting and Disclosure Act of 1959 (29 U.S.C. 481(e)) is 
        amended by striking ``and to reasonable qualifications 
        uniformly imposed'' and by inserting after ``eligible to be a 
        candidate'' the following: ``(subject to reasonable 
        qualifications which do not exclude a majority of the members 
        and which are uniformly imposed)''.
            (4) Overturning.--Section 402(c)(2) of the Labor-Management 
        Reporting and Disclosure Act of 1959 (29 U.S.C. 482(c)(2)) is 
        amended by striking ``affected the outcome of an election'' and 
        inserting ``substantially understated or overstated the support 
        of one of the candidates for office to the point that the 
        democratic purposes of the election were undermined''.
    (g) Intervention of Secretary.--Section 501(b) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 501) is 
amended by adding the following sentence: ``The Secretary may intervene 
in a suit filed under this section if the Secretary determines it is 
appropriate.''.
    (h) Civil Money Penalties.--Title VI of the Labor-Management 
Reporting and Disclosure Act of 1959 (29 U.S.C. 521, et seq.) is 
amended--
            (1) by redesignating section 611 as section 612; and
            (2) by inserting after section 610 the following:

``SEC. 611. CIVIL MONEY PENALTIES.

    ``(a) In General.--The Secretary, upon finding a violation of 
either sections 201(a), 201(b), 202, 203, or 301 of this Act, may 
require the person, labor organization, or employer responsible for 
such violation to pay a civil money penalty in an amount determined 
under a schedule of penalties which is established and published by the 
Secretary and which takes into account the nature of the violation 
involved, the revenues of, and the existence of previous violations of 
the Act by, the person, labor organization or employer involved, and 
such other factors as the Secretary considers appropriate.
    ``(b) Notice.--The Secretary may not make any determination adverse 
to a person, labor organization, or employer under subsection (a) until 
such person, labor organization, or employer is given written notice 
and an opportunity to be heard before the Secretary or designee. 
Procedures for such notice, opportunity to be heard, decision and 
review shall be as set forth under sections 208 and 606. A request for 
review shall be filed in Federal district court not later than 30 days 
after receipt of an adverse determination.''.

SEC. 4. REGULATIONS.

    Not later than 6 months after the date of the enactment of this 
Act--
            (1) the National Labor Relations Board shall review and 
        revise all regulations promulgated before such date to 
        implement the amendments made in this Act to the National Labor 
        Relations Act; and
            (2) the Secretary of Labor shall review and revise all 
        regulations promulgated before such date to implement the 
        amendments made in this Act to the Labor-Management Reporting 
        and Disclosure Act of 1959.

SEC. 5. LIMITATION ON SUPERVISION.

    (a) In General.--A court order that requires--
            (1) a third party to monitor the actions and expenditures 
        of a labor organization and its officers, and
            (2) the labor organization to pay for the expenses of the 
        third party for such monitoring,
shall cease to be effective 10 years after such order is issued.
    (b) Application.--Subsection (a) shall apply to any court order 
issued on or after the date of enactment of this Act and any court 
order issued before such date.

SEC. 6. CONSPIRACY TO RESTRAIN WORKERS' ABILITY TO SELECT 
              REPRESENTATIVE.

    Section 6 of the Clayton Act (15 U.S.C. 17) is amended by adding at 
the end the following: ``Nothing in this section shall make it lawful 
for 2, or more, labor organizations to enter into an agreement that 
restrains the ability of an employee to select a collective 
representative.''.
                                 <all>