[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5147 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5147

     To amend the National Labor Relations Act to repeal exclusive 
  representation, to remove any requirement that individual employees 
    join or pay dues or fees to labor organizations, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2019

Mr. Johnson of South Dakota (for himself, Mr. Murphy of North Carolina, 
and Mr. David P. Roe of Tennessee) introduced the following bill; which 
          was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To amend the National Labor Relations Act to repeal exclusive 
  representation, to remove any requirement that individual employees 
    join or pay dues or fees to 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 ``Worker's Choice Act of 2019''.

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

    (a) Employee Rights.--Section 7 of the National Labor Relations Act 
(29 U.S.C. 157) is amended by striking ``except to'' and all that 
follows through ``authorized in section 8(a)(3)''.
    (b) Unfair Labor Practice for Employer.--Paragraph (3) of section 
8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended 
by striking ``: Provided, That'' and all that follows through 
``retaining membership''.
    (c) Unfair Labor Practice for Labor Organization.--Section 8(b) of 
the National Labor Relations Act (29 U.S.C. 158(b)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``interfere with,'' before 
                ``restrain''; and
                    (B) by inserting ``(except that an employee can 
                resign at any time effective immediately)'' after 
                ``membership therein'' in subparagraph (A);
            (2) in paragraph (2), by striking ``or to discriminate'' 
        and all that follows through ``retaining membership'';
            (3) in paragraph (5)--
                    (A) by striking ``covered by an agreement 
                authorized under subsection (a)(3)'';
                    (B) by striking ``becoming a member of'' and 
                inserting ``being represented by'';
                    (C) by striking the period after ``circumstances'', 
                and by inserting ``to defray the costs of collective 
                bargaining under section 8(d)'' after ``all the 
                circumstances''; and
                    (D) by striking ``In making such'' and all that 
                follows through ``the employees affected''.
    (d) Employee Representation.--Section 9 of the National Labor 
Relations Act (29 U.S.C. 159) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a)(1) A representative designated or selected for the purposes 
of collective bargaining by the affirmative vote of a majority of all 
the employees in a unit appropriate for such purposes shall be the only 
collective representative of employees in such unit for the purposes of 
collective bargaining in respect to rates of pay, wages, hours of 
employment, or other conditions of employment for employees who elect 
to work under the terms and conditions of a collective-bargaining 
agreement negotiated by such collective representative.
    ``(2) A collective representative may represent only those 
employees who have affirmatively designated or selected such 
representation. Any employee designation or selection under this 
subsection shall be in writing, shall state in prominent type that such 
designation or selection is revocable at any time, shall be signed by 
the employee and delivered to both the employer and the collective 
representative, and shall provide in prominent type that no financial 
obligation can be imposed on account of the collective representation 
of the employee after the date of any revocation of collective 
representation.
    ``(3) The terms and conditions of employment set out in any 
collective-bargaining agreement negotiated by a collective 
representative designated or selected under this subsection shall apply 
only to those employees who affirmatively elect in writing to accept 
such terms and conditions of employment: Provided, That any individual 
employee or a group of employees who have elected to accept such terms 
and conditions of employment shall have the nonwaivable right at any 
time to present grievances to their employer and to have such 
grievances adjusted, without the intervention of the collective 
representative, as long as the adjustment is not inconsistent with the 
terms of the collective-bargaining agreement then in effect for that 
employee or group of employees: Provided further, That the collective 
representative of such employee or group of employees has been given an 
opportunity to be present at such adjustment. Individual employees who 
do not affirmatively elect in writing to accept the terms and 
conditions set out in a collective-bargaining agreement may accept any 
other terms and conditions of employment mutually acceptable to them 
and the employer.''; and
            (2) by striking subsection (e).
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