[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1513 Introduced in Senate (IS)]

  1st Session
                                S. 1513

  To amend the National Labor Relations Act to establish an efficient 
     system to enable employees to form or become members of labor 
                 organizations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 21), 2003

  Mr. Schumer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the National Labor Relations Act to establish an efficient 
     system to enable employees to form or become members of labor 
                 organizations, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Right to Choose Act''.

SEC. 2. STREAMLINING UNIONIZATION PROCESS.

    The National Labor Relations Act (29 U.S.C. 151 et seq.) is 
amended--
            (1) in section 3(b), in the second sentence--
                    (A) by striking ``and to'' and inserting ``to''; 
                and
                    (B) by striking ``and certify the results 
                thereof,'' and inserting ``, and to make the 
                certifications provided for in section 9,'';
            (2) in section 8--
                    (A) in subsection (b)(7)(C), in the first proviso--
                            (i) by striking ``the provisions of section 
                        9(c)(1) or''; and
                            (ii) by striking ``direct an election in 
                        such unit as the Board finds to be appropriate 
                        and shall certify the results thereof'' and 
                        inserting ``process the petition in accordance 
                        with section 9(c)(1)''; and
                    (B) by striking subsection (d) and inserting the 
                following:
    ``(d) Collective Bargaining.--
            ``(1) In general.--For the purposes of this section, to 
        bargain collectively is the performance of the mutual 
        obligation of the employer and the representative of the 
        employees to meet at reasonable times and confer in good faith 
        with respect to wages, hours, and other terms and conditions of 
        employment, or the negotiation of an agreement, or any question 
        arising thereunder, and the execution of a written contract 
        incorporating any agreement reached if requested by either 
        party, but such obligation does not compel either party to 
        agree to a proposal or require the making of a concession: 
        Provided, That where there is in effect a collective-bargaining 
        contract covering employees in an industry affecting commerce, 
        the duty to bargain collectively shall also mean that no party 
        to such contract shall terminate or modify such contract, 
        unless the party desiring such termination or modification--
                    ``(A) serves a written notice upon the other party 
                to the contract of the proposed termination or 
                modification 60 days prior to the expiration date 
                thereof, or in the event such contract contains no 
                expiration date, 60 days prior to the time it is 
                proposed to make such termination or modification;
                    ``(B) offers to meet and confer with the other 
                party for the purpose of negotiating a new contract or 
                a contract containing the proposed modifications;
                    ``(C) notifies the Federal Mediation and 
                Conciliation Service within 30 days after such notice 
                of the existence of a dispute, and simultaneously 
                therewith notifies any State or Territorial agency 
                established to mediate and conciliate disputes within 
                the State or Territory where the dispute occurred, 
                provided no agreement has been reached by that time; 
                and
                    ``(D) continues in full force and effect, without 
                resorting to strike or lock-out, all the terms and 
                conditions of the existing contract for a period of 60 
                days after such notice is given or until the expiration 
                date of such contract, whichever occurs later:
        The duties imposed upon employers, employees, and labor 
        organizations by subparagraphs (B), (C), and (D) shall become 
        inapplicable upon an intervening certification of the Board, 
        under which the labor organization or individual, which is a 
        party to the contract, has been superseded as or ceased to be 
        the representative of the employees subject to the provisions 
        of section 9(a), and the duties so imposed shall not be 
        construed as requiring either party to discuss or agree to any 
        modification of the terms and conditions contained in a 
        contract for a fixed period, if such modification is to become 
        effective before such terms and conditions can be reopened 
        under the provisions of the contract. Any employee who engages 
in a strike within any notice period specified in this subsection, or 
who engages in any strike within the appropriate period specified in 
subsection (g), shall lose his status as an employee of the employer 
engaged in the particular labor dispute, for the purposes of sections 
8, 9, and 10 of this Act, as amended, but such loss of status for such 
employee shall terminate if and when he is reemployed by such employer.
            ``(2) Bargaining for employees of a health care 
        institution.--Whenever the collective bargaining involves 
        employees of a health care institution, the provisions of this 
        subsection shall be modified as follows:
                    ``(A) The notice of paragraph (1)(A) shall be 90 
                days; the notice of paragraph (1)(C) shall be 60 days; 
                and the contract period of paragraph (1)(D) shall be 90 
                days.
                    ``(B) Where the bargaining is for an initial 
                agreement following certification or recognition, at 
                least 30 days' notice of the existence of a dispute 
                shall be given by the labor organization to the 
                agencies set forth in paragraph (1)(C).
                    ``(C) After notice is given to the Federal 
                Mediation and Conciliation Service under either clause 
                (A) or (B) of this sentence, the Service shall promptly 
                communicate with the parties and use its best efforts, 
                by mediation and conciliation, to bring them to 
                agreement. The parties shall participate fully and 
                promptly in such meetings as may be undertaken by the 
                Service for the purpose of aiding in a settlement of 
                the dispute.
            ``(3) Bargaining for an initial agreement.--Whenever the 
        collective bargaining is for an initial agreement following 
        certification or recognition, the provisions of this subsection 
        shall be modified as follows:
                    ``(A) Not later than 10 days after receiving a 
                written request for collective bargaining from an 
                individual or labor organization that has been newly 
                recognized or certified as a representative, as 
                described in section 9(a), or within such further 
                period as the parties agree upon, the parties shall 
                meet and commence to bargain collectively and shall 
                make every reasonable effort to conclude and sign a 
                collective bargaining agreement.
                    ``(B) If after 180 days from the commencement of 
                bargaining, or such further period as the parties agree 
                upon, the parties have failed to reach an agreement, 
                either party may notify the Federal Mediation and 
                Conciliation Service of the existence of a dispute and 
                request mediation. Whenever such a request is received, 
                it shall be the duty of the Service promptly to put 
                itself in communication with the parties and to use its 
                best efforts, by mediation and conciliation, to bring 
                the parties to agreement.
                    ``(C) If after 30 days from the request for 
                mediation, or such further period as the parties agree 
                upon, the Service is not able to bring the parties to 
                agreement by conciliation, the Service shall refer the 
                dispute to an arbitration board established in 
                accordance with such regulations as may be prescribed 
                by the Service. The arbitration panel shall render a 
                decision settling the dispute and such decision shall 
                be binding upon the parties for a period of 2 years, 
                unless amended during such period by written consent of 
                the parties.''; and
            (3) in section 9--
                    (A) by striking subsection (c) and inserting the 
                following:
    ``(c) Hearings on Questions Affecting Commerce; Rules and 
Regulations.--
            ``(1) In general.--Whenever a petition shall have been 
        filed, in accordance with such regulations as may be prescribed 
        by the Board--
                    ``(A) by an employee or group of employees or any 
                individual or labor organization acting in their behalf 
                alleging that a substantial number of employees wish to 
                be represented for collective bargaining and that their 
                employer declines to recognize their representative as 
                the representative described in subsection (a); or
                    ``(B) by an employer, alleging that an individual 
                or labor organization has presented to the employer a 
                claim to be recognized as the representative described 
                in subsection (a),
        the Board shall investigate such petition and if the Board has 
        reasonable causes to believe that a question of representation 
        affecting commerce exists, shall provide for an appropriate 
        hearing upon due notice. Such hearing may be conducted by an 
        officer or employee of the regional office, who shall not make 
        any recommendations with respect thereto. If the Board finds 
        upon the record of such hearing that such a question of 
        representation exists, the Board shall direct an election by 
secret ballot and shall certify the results thereof: Provided, That if 
the Board finds that, as of the date of the filing of the petition or 
such other date as the Board considers appropriate, a majority of the 
employees in a unit appropriate for collective bargaining have signed 
authorizations designating the individual or labor organization 
specified in the petition as their bargaining representative, and there 
is no other individual or labor organization that has been so 
designated by 30 percent or more of the employees, the Board shall not 
direct an election but shall certify the individual or labor 
organization as the representative described in subsection (a).
            ``(2) Individual or labor organization no longer 
        representative.--Whenever a petition shall have been filed, in 
        accordance with such regulations as may be prescribed by the 
        Board by an employee or group of employees or any individual or 
        labor organization acting in their behalf alleging that a 
        substantial number of employees assert that the individual or 
        labor organization, which has been certified or is being 
        currently recognized by their employer as the bargaining 
        representative, is no longer a representative as described in 
        subsection (a), the Board shall investigate such petition and 
        if the Board has reasonable cause to believe that a question of 
        representation affecting commerce exists shall provide for an 
        appropriate hearing upon due notice. Such hearing may be 
        conducted by an officer or employee of the regional office, who 
        shall not make any recommendations with respect thereto. If the 
        Board finds upon the record of such hearing that such a 
        question of representation exists, it shall direct an election 
        by secret ballot and shall certify the results thereof.
            ``(3) Regulations and rules of decision.--In determining 
        whether or not a question of representation affecting commerce 
        exists, the same regulations and rules of decision shall apply 
        irrespective of the identity of the persons filing the petition 
        or the kind of relief sought and in no case shall the Board 
        deny a labor organization a place on the ballot by reason of an 
        order with respect to such labor organization or its 
        predecessor not issued in conformity with section 10.
            ``(4) Limitation on election.--No election shall be 
        directed in any bargaining unit or any subdivision within 
        which, in the preceding 12-month period, a valid election shall 
        have been held, and no bargaining representative shall be 
        certified on the basis of a showing of majority support 
        obtained within the 12-month period following such an election. 
        Employees engaged in an economic strike who are not entitled to 
        reinstatement shall be eligible to vote under such regulations 
        as the Board shall find are consistent with the purposes and 
        provisions of this subchapter in any election conducted within 
        12 months after the commencement of the strike. In any election 
        where none of the choices on the ballot receives a majority, a 
        run-off shall be conducted, the ballot providing for a 
        selection between the 2 choices receiving the largest and 
        second largest number of valid votes cast in the election.
            ``(5) Rule of construction.--Nothing in this section shall 
        be construed to prohibit the waiving of hearings by stipulation 
        for the purpose of a consent election in conformity with 
        regulations and rules of decision of the Board.
            ``(6) Determination of appropriate unit.--In determining 
        whether a unit is appropriate for the purposes specified in 
        subsection (b), the extent to which the employees have 
        organized shall not be controlling.
            ``(7) Guidelines and Procedures.--The Board shall develop 
        guidelines and procedures for the designation by employees of a 
        bargaining representative as described in subsection (a). Such 
        guidelines and procedures shall include--
                    ``(A) model collective bargaining authorization 
                language that may be used for purposes of making the 
                designations described in paragraph (1); and
                    ``(B) procedures to be used by the Board to 
                establish the authenticity of signed authorizations 
                designating bargaining representatives.''; and
                    (B) by striking subsection (e).

SEC. 3. CONFORMING AMENDMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended--
            (1) in subsection (a)(3)(ii), by striking ``section 9(e)'' 
        and inserting ``section 9(c)(1)''; and
            (2) in subsection (f), by striking ``9(e)'' and inserting 
        ``9(c)(1)''.
                                 <all>