[Congressional Record Volume 153, Number 55 (Thursday, March 29, 2007)]
[Senate]
[Pages S4174-S4176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Harkin, Ms. Mikulski, 
        Mr. Bingaman, Mrs.

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        Murray, Mr. Reed, Mrs. Clinton, Mr. Obama, Mr. Sanders, Mr. 
        Brown, Mr. Byrd, Mr. Inouye, Mr. Biden, Mr. Leahy, Mr. Baucus, 
        Mr. Levin, Mr. Kerry, Mr. Rockefeller, Mr. Reid, Mr. Conrad, 
        Mr. Kohl, Mr. Lieberman, Mr. Akaka, Mrs. Feinstein, Mr. Dorgan, 
        Mrs. Boxer, Mr. Feingold, Mr. Wyden, Mr. Durbin, Mr. Johnson, 
        Ms. Landrieu, Mr. Schumer, Mr. Bayh, Mr. Carper, Ms. Stabenow, 
        Ms. Cantwell, Mr. Nelson of Florida, Mr. Lautenberg, Mr. 
        Menendez, Mr. Cardin, Mr. Webb, Mr. Casey, Mrs. McCaskill, Ms. 
        Klobuchar, Mr. Whitehouse, and Mr. Tester):
  S. 1041. A bill to amend the National Labor Relations Act to 
establish an efficient system to enable employees to form, join, or 
assist labor organizations, to provide or mandatory injunctions for 
unfair labor practices during organizing efforts, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, for far too long, we've acquiesced in a 
lop-sided economy that benefits wealthy individuals and corporations, 
but not America's working families. Tens of millions of our men and 
women are working harder than ever, but they aren't receiving their 
fair share of the economy they helped do so much to create and sustain.
  Since President Bush took office, corporate profits have increased 65 
percent. Productivity is up 18 percent. But household income has 
declined; the wages of working Americans are stagnant. Six million have 
lost their health insurance. Their retirement is uncertain as well--
only 1 in 5 workers today has a guaranteed pension. In short, working 
families are finding that the American dream is beyond their reach. 
This injustice is worsening each year, and it is time for Congress to 
deal with it.
  The best way to see that employees receive their fair share of 
America's prosperity is to give them a stronger voice in the workplace. 
Unions were fundamental in building America's middle class, and they 
have a vital role today in preserving the American dream for working 
families.
  Unions can make all the difference between an economy that's fair, 
and an economy where working people are left behind. Union wages are 30 
percent higher than non-union wages. 80 percent of union workers have 
health insurance, compared to only 49 percent of non-union workers. 
Union members are 4 times more likely to have a secure, guaranteed 
pension.
  No wonder most American workers want union representation. The 
question is, why don't more of them have it?
  The reason is clear. In 2005 alone, more than 30,000 workers were 
illegally fired or retaliated against for attempting to exercise their 
right to have a union in their workplace. Every 17 minutes, a worker is 
fired or punished in some illegal way for supporting a union. 
Unscrupulous employers routinely break the law to keep unions out--they 
intimidate employees, harass them, and discriminate against them. They 
shut down whole departments--or even entire plants--to avoid 
negotiating a union contract. It's illegal and unacceptable, but it 
happens every day.
  Clearly, the current system is broken. It can't stop these illegal, 
anti-worker, anti-labor, anti-union tactics that take place every day. 
The penalties are so minor that employers treat them as just another 
cost of doing business. Even when workers succeed in forming a union, 
they often can't obtain a first contract because management stonewalls 
them and refuses to negotiate. Half of all cases alleging that 
employers refused to bargain are filed during first-contract 
negotiations--and in most of those cases, the National Labor Relations 
Board finds an unfair labor practice.
  Year after year, Congress has refused to act against these union-
busting tactics that are now all too familiar in the workplace. It's 
time to listen to the voice of America's working men and women, and 
give them what they want and deserve--a fair voice in the workplace and 
a fair chance at the American dream.
  That's why I'm reintroducing the Employee Free Choice Act today. This 
essential legislation will strengthen protections for workers' freedom 
to choose union representation. It will restore their democratic right 
to join together for better wages, better benefits, and better working 
conditions. It will help millions of working men and women to build a 
better life for themselves and a better future for their children.
  I am proud to have 46 of my fellow Senators joining me in sponsoring 
this important bill, and I hope that all of my colleagues will support 
it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1041

       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 Free Choice Act of 
     2007''.

     SEC. 2. STREAMLINING UNION CERTIFICATION.

       (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

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     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.''.

     SEC. 4. STRENGTHENING ENFORCEMENT.

       (a) Injunctions Against Unfair Labor Practices During 
     Organizing Drives.--
       (1) In general.--Section 10(l) of the National Labor 
     Relations Act (29 U.S.C. 160(l)) is amended--
       (A) in the second sentence, by striking ``If, after such'' 
     and inserting the following:
       ``(2) If, after such''; and
       (B) by striking the first sentence and inserting the 
     following:
       ``(1) Whenever it is charged--
       ``(A) that any employer--
       ``(i) discharged or otherwise discriminated against an 
     employee in violation of subsection (a)(3) of section 8;
       ``(ii) threatened to discharge or to otherwise discriminate 
     against an employee in violation of subsection (a)(1) of 
     section 8; or
       ``(iii) engaged in any other unfair labor practice within 
     the meaning of subsection (a)(1) that significantly 
     interferes with, restrains, or coerces employees in the 
     exercise of the rights guaranteed in section 7;
     while employees of that employer were seeking representation 
     by a labor organization or during the period after a labor 
     organization was recognized as a representative defined in 
     section 9(a) until the first collective bargaining contract 
     is entered into between the employer and the representative; 
     or
       ``(B) that any person has engaged in an unfair labor 
     practice within the meaning of subparagraph (A), (B) or (C) 
     of section 8(b)(4), section 8(e), or section 8(b)(7);
     the preliminary investigation of such charge shall be made 
     forthwith and given priority over all other cases except 
     cases of like character in the office where it is filed or to 
     which it is referred.''.
       (2) Conforming amendment.--Section 10(m) of the National 
     Labor Relations Act (29 U.S.C. 160(m)) is amended by 
     inserting ``under circumstances not subject to section 
     10(l)'' after ``section 8''.
       (b) Remedies for Violations.--
       (1) Backpay.--Section 10(c) of the National Labor Relations 
     Act (29 U.S.C. 160(c)) is amended by striking ``And provided 
     further,'' and inserting ``Provided further, That if the 
     Board finds that an employer has discriminated against an 
     employee in violation of subsection (a)(3) of section 8 while 
     employees of the employer were seeking representation by a 
     labor organization, or during the period after a labor 
     organization was recognized as a representative defined in 
     subsection (a) of section 9 until the first collective 
     bargaining contract was entered into between the employer and 
     the representative, the Board in such order shall award the 
     employee back pay and, in addition, 2 times that amount as 
     liquidated damages: Provided further,''.
       (2) Civil penalties.--Section 12 of the National Labor 
     Relations Act (29 U.S.C. 162) is amended--
       (A) by striking ``Any'' and inserting ``(a) Any''; and
       (B) by adding at the end the following:
       ``(b) Any employer who willfully or repeatedly commits any 
     unfair labor practice within the meaning of subsections 
     (a)(1) or (a)(3) of section 8 while employees of the employer 
     are seeking representation by a labor organization or during 
     the period after a labor organization has been recognized as 
     a representative defined in subsection (a) of section 9 until 
     the first collective bargaining contract is entered into 
     between the employer and the representative shall, in 
     addition to any make-whole remedy ordered, be subject to a 
     civil penalty of not to exceed $20,000 for each violation. In 
     determining the amount of any penalty under this section, the 
     Board shall consider the gravity of the unfair labor practice 
     and the impact of the unfair labor practice on the charging 
     party, on other persons seeking to exercise rights guaranteed 
     by this Act, or on the public interest.''.
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