[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1815 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1815

To protect workers from the corrupt and coercive ``Card Check'' system 
                      of organizing labor unions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2013

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

_______________________________________________________________________

                                 A BILL


 
To protect workers from the corrupt and coercive ``Card Check'' system 
                      of organizing labor unions.

    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 ``Union Coercion Prevention Act''.

SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

    (a) Unfair Labor Practices.--Section 8(b)(1) of the National Labor 
Relations Act (29 U.S.C. 158(b)(1)) is amended by inserting ``interfere 
with'' before ``restrain''.
    (b) Representatives and Elections.--Section 9 of the National Labor 
Relations Act (29 U.S.C. 159) is amended--
            (1) in subsection (a)--
                    (A) by striking ``designated or selected for the 
                purposes of collective bargaining'' and inserting ``for 
                the purposes of collective bargaining selected by 
                secret ballot in an election conducted by the Board,''; 
                and
                    (B) by inserting before the period the following: 
                ``: Provided further, That, for purposes of determining 
                the majority of the employees in a secret ballot 
                election in a unit, the term `majority' shall mean the 
                majority of all the employees in the unit, and not the 
                majority of employees voting in the election''.
    (c) Fair Representation in Elections.--Section 9 of the National 
Labor Relations Act (29 U.S.C. 159) is amended--
            (1) in subsection (b), by inserting ``prior to an 
        election'' after ``in each case''; and
            (2) in subsection (c)--
                    (A) in the flush matter following paragraph 
                (1)(B)--
                            (i) by inserting ``of 14 days in advance'' 
                        after ``appropriate hearing upon due notice'';
                            (ii) by inserting ``, and a review of post-
                        hearing appeals,'' after ``the record of such 
                        hearing''; and
                            (iii) by adding at the end the following: 
                        ``No election shall be conducted less than 40 
                        calendar days following the filing of an 
                        election petition. The employer shall provide 
                        the Board a list of employee names and home 
                        addresses of all eligible voters within 7 days 
                        following the Board's determination of the 
                        appropriate unit or following any agreement 
                        between the employer and the labor organization 
                        regarding the eligible voters.''; and
                    (B) by adding at the end the following:
    ``(6)(A) No election shall take place after the filing of any 
petition unless and until--
            ``(i) a hearing is conducted before a qualified hearing 
        officer in accordance with due process on any and all material, 
        factual issues regarding jurisdiction, statutory coverage, 
        appropriate unit, unit inclusion or exclusion, or eligibility 
        of individuals; and
            ``(ii) the issues are resolved by a Regional Director, 
        subject to appeal and review, or by the Board.
    ``(B) No election results shall be final and no labor organization 
shall be certified as the bargaining representative of the employees in 
an appropriate unit unless and until the Board has ruled on--
            ``(i) each pre-election issue not resolved before the 
        election; and
            ``(ii) the Board conducts a hearing in accordance with due 
        process and resolves each issue pertaining to the conduct or 
        results of the election.''.
    (d) Penalties.--Section 10 of the National Labor Relations Act (29 
U.S.C. 160) is amended by inserting after the second sentence following 
the second proviso, the following: ``Any labor organization found to 
have interfered with, restrained, or coerced employees in the exercise 
of their rights under section 7 to form or join a labor organization or 
to refrain therefrom, including the filing of a decertification 
petition, shall be liable for wages lost and union dues or fees 
collected unlawfully, if any, and an additional amount as liquidated 
damages. Any labor organization found to have interfered with, 
restrained, or coerced an employee in connection with the filing of a 
decertification petition shall be prohibited from filing objections to 
an election held pursuant to such petition.''.
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