[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7485 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7485
To direct the National Labor Relations Board to implement a system and
procedures to conduct representation elections remotely using an
electronic voting system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 2, 2020
Mr. Levin of Michigan (for himself, Mr. Fitzpatrick, Mr. Blumenauer,
Ms. Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of
Pennsylvania, Mr. Carson of Indiana, Mr. Case, Mr. Cohen, Mr.
DeSaulnier, Mr. Deutch, Mr. Michael F. Doyle of Pennsylvania, Ms.
Eshoo, Mr. Gallego, Mr. Garamendi, Mr. Garcia of Illinois, Mr. Green of
Texas, Mrs. Hayes, Mr. Higgins of New York, Ms. Jayapal, Ms. Kaptur,
Mr. Khanna, Mr. Kilmer, Mr. Larson of Connecticut, Mr. Lowenthal, Mr.
Lujan, Mr. Lynch, Mr. Norcross, Ms. Norton, Mr. Pallone, Mr. Pocan, Mr.
Rose of New York, Mr. Ryan, Ms. Sanchez, Ms. Schakowsky, Mr. David
Scott of Georgia, Mr. Serrano, Ms. Slotkin, Mr. Smith of Washington,
Mr. Soto, Ms. Tlaib, Mrs. Trahan, Mr. Trone, Mr. Vargas, Ms. Wild, and
Ms. Wilson of Florida) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To direct the National Labor Relations Board to implement a system and
procedures to conduct representation elections remotely using an
electronic voting system, 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 ``SAFE Workers Act'' or the ``Secure
And Fair Elections for Workers Act''.
SEC. 2. ELECTRONIC VOTING IN UNION ELECTIONS.
(a) In General.--
(1) Electronic voting system.--Subject to the provisions of
this section, not later than 90 days after the date of the
enactment of this Act, the National Labor Relations Board shall
implement a system and procedures to conduct representation
elections remotely using an electronic voting system.
(2) Procedures.--The procedures under paragraph (1) shall
ensure that each employee voting in a representation election
may choose to cast a vote using either an internet voting
system or a telephone voting system.
(3) National mediation board system.--If the Board does not
implement a system under paragraph (1) before the date that is
60 days after the date of the enactment of this Act, the Board
shall enter into a temporary agreement to use the system and
procedures used by the National Mediation Board to conduct
representation elections for the period--
(A) beginning on the date that is 60 days after the
date of enactment of this Act; and
(B) ending on the date that is 90 days after the
date of enactment of this Act
(b) Interim Period.--During the period beginning on the date of the
enactment of this Act and ending upon the date on which the system and
procedures are implemented under subsection (a), the Board shall
conduct all representation elections by mail ballot.
(c) Impracticability.--A regional director shall conduct a
representation election by mail ballot if, during a representation
proceeding with respect to such election, a party makes a showing that
conducting such election in accordance with the system and procedures
under subsection (a) is impracticable.
(d) Report.--Not later than 90 days of the enactment of this Act,
and every 90 days thereafter, the Board shall submit to Congress a
report containing a description of the following:
(1) For each representation petition under section 9 of the
National Labor Relations Act filed--
(A) the case name and case number;
(B) the number of days between the petition and the
election;
(C) the number of days between the stipulation or
direction of election and the election;
(D) the method of the election;
(E) the results of the election; and
(F) the number of eligible voters, the number of
voters participating in the election, and the method by
which each of the voters submitted their vote.
(2) The total cost of conducting all elections the Board
conducted through the system and procedures required by
subsection (a).
(e) Period of Application.--The requirements under this section
shall apply with respect to any representation election conducted
during the period--
(1) beginning on the date of enactment of this Act; and
(2) ending on the date on which a COVID-19 public health
emergency is not in effect with respect to the worksite of a
participant of such election.
(f) Definitions.--In this section:
(1) Electronic voting system.--The term ``electronic voting
system''--
(A) includes an internet voting system and a
telephone voting system; and
(B) does not include machines used for casting
votes at a polling site or an electronic tabulation
system where votes are cast non-electronically but
counted electronically (such as a punch card or optical
scanning system).
(2) Internet voting system.--The term ``internet voting
system'' means an internet-based voting system that allows a
participant to cast a ballot remotely using a personal computer
or other mobile electronic device that is connected to the
internet.
(3) Telephone voting system.--The term ``telephone voting
system'' means a voting system in which participants may cast a
vote remotely using a telephone.
(4) Remotely.--The term ``remotely'', used with respect to
voting in a representation election, means a vote may be cast
at any site chosen by a participant in such election.
(5) Representation election.--The term ``representation
election'' means a representation election under section 9 of
the National Labor Relations Act (29 U.S.C. 159).
(6) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means a public health emergency with
respect to COVID-19 declared by a Federal, State, or local
authority.
(g) Authorization of Appropriation.--There are authorized to be
appropriated $1,000,000 to the Board to carry out this section.
SEC. 3. AMENDMENT TO FURTHER CONSOLIDATED APPROPRIATIONS ACT.
The Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) is amended by striking section 407.
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