[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2142 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2142

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2015

  Mr. Sanders (for himself, Mr. Brown, Mrs. Murray, Mr. Heinrich, Ms. 
 Warren, Mrs. Gillibrand, Ms. Stabenow, Ms. Hirono, Mr. Leahy, and Mr. 
  Whitehouse) 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, join, or assist 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 ``Workplace Democracy Act''.

SEC. 2. STREAMLINING CERTIFICATION FOR LABOR ORGANIZATIONS.

    (a) In General.--Section 9(c) of the National Labor Relations Act 
(29 U.S.C. 159(c)) is amended by adding at the end the following:
    ``(6) Notwithstanding any other provision of this section, whenever 
a petition shall have been filed by an employee or group of employees 
or any individual or labor organization acting in their behalf alleging 
that a majority of employees in a unit appropriate for the purposes of 
collective bargaining wish to be represented by an individual or labor 
organization for such purposes, the Board shall investigate the 
petition. If the Board finds that a majority of the employees in a unit 
appropriate for bargaining has signed valid authorizations designating 
the individual or labor organization specified in the petition as their 
bargaining representative and that no other individual or labor 
organization is currently certified or recognized as the exclusive 
representative of any of the employees in the unit, the Board shall not 
direct an election but shall certify the individual or labor 
organization as the representative described in subsection (a).
    ``(7) The Board shall develop guidelines and procedures for the 
designation by employees of a bargaining representative in the manner 
described in paragraph (6). 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 (6); and
            ``(B) procedures to be used by the Board to establish the 
        validity of signed authorizations designating bargaining 
        representatives.''.
    (b) Conforming Amendments.--
            (1) National labor relations board.--Section 3(b) of the 
        National Labor Relations Act (29 U.S.C. 153(b)) is amended, 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 issue 
                certifications as provided for in that section,''.
            (2) Unfair labor practices.--Section 8(b) of the National 
        Labor Relations Act (29 U.S.C. 158(b)) is amended--
                    (A) in paragraph (7)(B) by striking ``, or'' and 
                inserting ``or a petition has been filed under section 
                9(c)(6), or''; and
                    (B) in paragraph (7)(C) by striking ``when such a 
                petition has been filed'' and inserting ``when such a 
                petition other than a petition under section 9(c)(6) 
                has been filed''.

SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended by adding at the end the following:
    ``(h) Whenever collective bargaining is for the purpose of 
establishing an initial agreement following certification or 
recognition, the provisions of subsection (d) shall be modified as 
follows:
            ``(1) Not later than 10 days after receiving a written 
        request for collective bargaining from an individual or labor 
        organization that has been newly organized or certified as a 
        representative as defined 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.
            ``(2) If after the expiration of the 90-day period 
        beginning on the date on which bargaining is commenced, or such 
        additional period as the parties may 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 them to 
        agreement.
            ``(3) If after the expiration of the 30-day period 
        beginning on the date on which the request for mediation is 
        made under paragraph (2), or such additional period as the 
        parties may 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.''.
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