[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3889 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3889
To reform the labor laws of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2022
Mr. Scott of South Carolina (for himself, Mr. McConnell, Mr. Thune, Mr.
Barrasso, Mr. Burr, Mr. Braun, Mr. Marshall, Mr. Moran, Mr. Tuberville,
Mr. Risch, Mr. Crapo, Mr. Cornyn, Mr. Daines, Ms. Lummis, Mrs. Hyde-
Smith, Mr. Hagerty, Mr. Boozman, Mr. Wicker, Mr. Tillis, Mr. Cramer,
Mr. Romney, Mr. Cotton, Mr. Inhofe, Mr. Johnson, and Mr. Cassidy)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reform the labor laws of the United States, 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 ``Employee Rights Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--ENHANCING EMPLOYEE RIGHTS
Sec. 101. Enhanced Employee Rights.
Sec. 102. Interference with commerce by threats or violence.
Sec. 103. Additional labor rights under the National Labor Relations
Act.
TITLE II--EMPLOYEE BENEFITS AND ADVANCEMENT
Sec. 201. Payment of higher wages.
Sec. 202. Employment relationships.
Sec. 203. Preventing Federal actions that cause job losses.
TITLE III--STRUCTURAL REFORMS
Sec. 301. Tribal Sovereignty.
Sec. 302. Labor organizations required to file Form T-1 Trust Annual
Reports.
TITLE IV--ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS AND PROTECTIONS
Sec. 401. Notice of rights and protections; voter registration lists.
Sec. 402. Labor organization use of personal information.
Sec. 403. Notices for labor organization cards declaring purpose and
disclosure of dues and fees.
TITLE I--ENHANCING EMPLOYEE RIGHTS
SEC. 101. ENHANCED EMPLOYEE RIGHTS.
(a) Amendments to the National Labor Relations Act.--
(1) Unfair labor practices.--Section 8(b)(1) of the
National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended
by striking ``restrain or'' and inserting ``interfere with,
restrain, or''.
(2) Representatives and elections.--The National Labor
Relations Act is amended--
(A) in section 8 (29 U.S.C. 158), by adding at the
end the following:
``(h)(1) Except as described in paragraph (3), it shall not be an
unfair labor practice under subsection (a) for an employer that, not
more than 90 days prior to the expiration of a collective bargaining
agreement in effect between a representative of employees of the
employer in a bargaining unit and the employer, receives evidence that
the majority of the employees in the unit do not support the
representative for purposes of collective bargaining to refuse to
bargain collectively with the representative prior to the expiration of
the agreement for the purpose of negotiating a new or renewed
collective bargaining agreement.
``(2) An employer that refuses to bargain collectively in
accordance with paragraph (1) shall provide notice of the refusal to
the representative of the bargaining unit on the date of such refusal.
``(3)(A) It shall be an unfair labor practice for an employer
described in paragraph (1) to refuse to bargain collectively with the
representative of the bargaining unit described in such paragraph for
the purpose of negotiating a new or renewed collective bargaining
agreement prior to the expiration of the agreement in effect between
the representative and the employer if the representative reestablishes
in accordance with subparagraph (B) that a majority of the employees in
the unit for purposes of collective bargaining support the
representative.
``(B) A representative reestablishes majority support under
subparagraph (A), if, not more than 45 days after the date of the
notice of refusal under paragraph (2), the representative, in
accordance with section 9, files a petition with the Board and is
selected for purposes of collective bargaining by secret ballot, in an
election conducted by the Board, by the majority of the employees in
the unit.''; and
(B) in section 9(a) (29 U.S.C. 159(a))--
(i) 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
(ii) 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: Provided further, That, for any
bargaining unit that is voluntarily recognized
for the purposes of collective bargaining as of
the date of enactment of the Employee Rights
Act, the Board shall, not later than 120 days
after such date of enactment, conduct a secret
ballot election among the represented employees
in the bargaining unit and, if a majority of
the votes cast in such election reject the
continuing representation by the labor
organization, the labor organization shall
cease representation of employees in the
bargaining unit and any obligations to or on
behalf of the labor organization in a
collectively bargained contract then in effect
shall terminate''.
(3) Fair representation in elections.--Section 9 of the
National Labor Relations Act (29 U.S.C. 159) is amended--
(A) in subsection (b), by inserting ``prior to an
election'' after ``in each case''; and
(B) in subsection (c)--
(i) 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: ``The employer shall provide
the Board a list consisting only 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. Any employee may elect
to be excluded from such list by
notifying the employer in writing.'';
and
(ii) 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--
``(i) the Board has ruled on 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.''.
(4) Penalties.--Section 10(c) of the National Labor
Relations Act (29 U.S.C. 160(c)) is amended by inserting before
``And provided further'' the following: ``Provided further,
That in a case the Board has found that any labor organization
has 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, the Board shall order the
labor organization to be liable to the affected employees for
wages lost and labor organization dues or fees collected
unlawfully, if any, and an additional amount as liquidated
damages: Provided further, That 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:''.
(b) Amendments to the Labor-Management Reporting and Disclosure Act
of 1959.--
(1) Definition.--Section 3(k) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 402(k)) is
amended by striking ``ballot, voting machine, or otherwise,
but'' and inserting ``paper ballot, voting machine, or
electronic ballot cast in the privacy of a voting booth and''.
(2) Rights of members.--Section 101(a)(1) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
411(a)(1)) is amended by adding at the end the following
``Every employee in a bargaining unit represented by a labor
organization, regardless of membership status in the labor
organization, shall have the same right as members to vote by
secret ballot regarding whether to ratify a collective
bargaining agreement with, or to engage in a strike or refusal
to work of any kind against, their employer.''.
(3) Right not to subsidize labor organization
nonrepresentational activities.--Title I of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411
et seq.) is amended by adding at the end the following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, assessments, or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
(4) Limitations.--Section 101(a) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)) is
amended by adding at the end the following:
``(6) Limitation.--No strike shall commence without the consent of
a majority of all represented unit employees affected, determined by a
secret ballot vote conducted by a neutral, private organization chosen
by agreement between the employer and the labor organization involved.
In any case in which the employer involved has made an offer for a
collective bargaining agreement, the represented unit employees
involved shall be provided the opportunity for a secret ballot vote on
such offer prior to any vote relating to the commencement of a strike.
The cost of any such election shall be borne by the labor
organization.''.
(5) Reporting by labor organizations.--Section 201(c) of
the Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. 431(c)) is amended--
(A) by inserting ``and the independently verified
annual audit report of the labor organization's
financial condition and operations'' after ``required
to be contained in such report'';
(B) by inserting ``and represented unit
nonmembers'' after ``members'';
(C) by inserting ``and represented unit nonmember''
after ``any member'';
(D) by inserting ``or represented unit nonmember''
after ``to permit such member'';
(E) by striking ``and'' after ``any books,
records,''; and
(F) by striking ``necessary to verify such report''
and inserting ``, and independently verified annual
audit report of the labor organization's financial
condition and operations necessary to verify such
report required to be submitted under this title''.
(6) Acts of violence.--Section 610 of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is
amended--
(A) by striking ``It shall'' and inserting ``(a) It
shall''; and
(B) by adding at the end the following:
``(b) It shall be unlawful for any person, through the use of force
or violence, or threat of the use of force or violence, to restrain,
coerce, or intimidate, or attempt to restrain, coerce, or intimidate
any person for the purpose of obtaining from any person any right to
represent employees or any compensation or other term or condition of
employment. Any person who willfully violates this subsection shall be
fined not more than $100,000 or imprisoned for not more than 10 years,
or both.
``(c) The lawfulness of a labor organization's objectives shall not
remove or exempt from the definition of extortion conduct by the labor
organization or its agents that otherwise constitutes extortion as
defined by section 1951(b)(2) of title 18, United States Code.''.
SEC. 102. INTERFERENCE WITH COMMERCE BY THREATS OR VIOLENCE.
Section 1951 of title 18, United States Code, is amended to read as
follows:
``Sec. 1951. Interference with commerce by threats or violence
``(a) Prohibition.--Except as provided in subsection (c), whoever
in any way or degree obstructs, delays, or affects commerce or the
movement of any article or commodity in commerce, by robbery or
extortion, or attempts or conspires so to do, or commits or threatens
physical violence to any person or property in furtherance of a plan or
purpose to do anything in violation of this section, shall be fined not
more than $100,000, imprisoned for a term of not more than 20 years, or
both.
``(b) Definitions.--For purposes of this section--
``(1) the term `commerce' means any--
``(A) commerce within the District of Columbia, or
any territory or possession of the United States;
``(B) commerce between any point in a State,
territory, possession, or the District of Columbia and
any point outside thereof;
``(C) commerce between points within the same State
through any place outside that State; and
``(D) other commerce over which the United States
has jurisdiction;
``(2) the term `extortion' means the obtaining of property
from any person, with the consent of that person, if that
consent is induced--
``(A) by actual or threatened use of force or
violence, or fear thereof;
``(B) by wrongful use of fear not involving force
or violence; or
``(C) under color of official right;
``(3) the term `labor dispute' has the same meaning as in
section 2(9) of the National Labor Relations Act (29 U.S.C.
152(9)); and
``(4) the term `robbery' means the unlawful taking or
obtaining of personal property from the person or in the
presence of another, against his or her will, by means of
actual or threatened force or violence, or fear of injury,
immediate or future--
``(A) to his or her person or property, or property
in his or her custody or possession; or
``(B) to the person or property of a relative or
member of his or her family, or of anyone in his or her
company at the time of the taking or obtaining.
``(c) Exempted Conduct.--
``(1) In general.--Subsection (a) does not apply to any
conduct that--
``(A) is incidental to otherwise peaceful picketing
during the course of a labor dispute;
``(B) consists solely of minor bodily injury, or
minor damage to property, or threat or fear of such
minor injury or damage; and
``(C) is not part of a pattern of violent conduct
or of coordinated violent activity.
``(2) State and local jurisdiction.--Any violation of this
section that involves any conduct described in paragraph (1)
shall be subject to prosecution only by the appropriate State
and local authorities.
``(d) Effect on Other Law.--Nothing in this section shall be
construed--
``(1) to repeal, amend, or otherwise affect--
``(A) section 6 of the Clayton Act (15 U.S.C. 17);
``(B) section 20 of the Clayton Act (29 U.S.C. 52);
``(C) any provision of the Norris-LaGuardia Act (29
U.S.C. 101 et seq.);
``(D) any provision of the National Labor Relations
Act (29 U.S.C. 151 et seq.); or
``(E) any provision of the Railway Labor Act (45
U.S.C. 151 et seq.); or
``(2) to preclude Federal jurisdiction over any violation
of this section, on the basis that the conduct at issue--
``(A) is also a violation of State or local law; or
``(B) occurred during the course of a labor dispute
or in pursuit of a legitimate business or labor
objective.''.
SEC. 103. ADDITIONAL LABOR RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT.
(a) Religious Conscientious Exemption.--Section 19 of the National
Labor Relations Act (29 U.S.C. 169) is amended--
(1) by striking ``Any employee'' and inserting ``(a) Any
employee'';
(2) by striking ``; except that'' and all that follows
through ``chosen by the employee''; and
(3) by adding at the end the following:
``(b)(1) Notwithstanding any other provision in this Act, a
qualified employer shall not be required to comply with any provision
in this Act that requires the employer to recognize, bargain with, or
financially support any labor organization.
``(2) For purposes of this subsection--
``(A) the term `qualified employer' means an employer--
``(i) that has a board of directors, of which a
majority of the individuals serving on such board are
qualified individuals;
``(ii) that has a stock, of which the majority is
owned or controlled by a qualified individual or
qualified individuals; or
``(iii) whose management is controlled, in
majority, by a qualified individual or qualified
individuals; and
``(B) the term `qualified individual' means an individual
who is a member of and adheres to established and traditional
tenets or teachings of a bona fide religion, body, or sect
which has historically held conscientious objections to
recognizing, bargaining with, or financially supporting labor
organizations.''.
(b) New Elections in Cases of Labor Organization Misconduct.--
Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as
amended by section 101(a)(3)(B), is further amended by adding at the
end the following:
``(7) In any case in which the Board determines that the results of
an election under this subsection were influenced by the misconduct of
a labor organization, including misconduct through interference,
restraint, or coercion of an employee with respect to such election,
the Board shall set aside the results of such election and order a new
election with appropriate additional safeguards necessary to ensure a
fair election process.''.
(c) Rights of Employers Regarding Employer-issued Technology.--The
National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) by inserting after section 7 (29 U.S.C. 157) the
following:
``SEC. 7A. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY.
``An employer shall have the right to determine how technology
issued by the employer (including communication devices and systems) is
used by employees and to prohibit employees from using any such
technology for efforts to form, join, or assist a labor
organization.''; and
(2) in section 8 (29 U.S.C. 158), as amended by section
101(a)(2)(A), by adding at the end the following:
``(i) It shall be an unfair labor practice for an employee or a
labor organization to interfere with the right of an employer under
section 7A, including by violating or encouraging employees to violate
a prohibition of an employer described in such section.''.
(d) Rejecting Arbitrated First Collective Bargaining Agreements.--
Section 9 of the National Labor Relations Act (29 U.S.C. 159) is
amended by adding at the end the following:
``(f) Notwithstanding any other provision of law, in the case of
any collective bargaining agreement that was made through arbitration
and that is the first such agreement between an employer and a labor
organization, the employees covered by such agreement shall have the
right to vote on the ratification of such agreement through a secret
ballot election. In the case that such employees exercise such right
and a majority of the employees vote against ratifying the agreement,
the agreement shall be null and void.''.
(e) Waiting Period After Failed Labor Organization Vote.--Section
9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as amended
by subsection (b), is further amended--
(1) in paragraph (3), by striking the first sentence; and
(2) by adding at the end the following:
``(8)(A) Subject to subparagraph (B), no election shall be
conducted pursuant to this subsection in any bargaining unit within
which, in the preceding 2-year period, a valid election was held and a
majority of the employees in such bargaining unit voted against
representation.
``(B) An election may be held in a case described in subparagraph
(A) during the period described in such subparagraph if the bargaining
unit described in such subparagraph experiences turnover, expansion, or
alteration by merger of unit represented employees exceeding 50 percent
of the bargaining unit on the date on which the election resulting in a
majority of the employees in the unit voting against representation
occurred.''.
(f) Collective or Class Actions.--Section 7 of the National Labor
Relations Act (29 U.S.C. 157) is amended by adding at the end the
following: ``Nothing in this section shall confer the right of an
employee to support or engage in a class or collective action.''.
TITLE II--EMPLOYEE BENEFITS AND ADVANCEMENT
SEC. 201. PAYMENT OF HIGHER WAGES.
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a))
is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Notwithstanding a labor organization's exclusive
representation of employees in a unit, or the terms and conditions of
any collective bargaining contract or agreement then in effect, nothing
in either--
``(A) paragraph (1) or (5) of section 8(a), or
``(B) a collective bargaining contract or agreement renewed
or entered into after the date of enactment of the Employee
Rights Act,
shall prohibit an employer from paying an employee in the unit greater
wages, pay, or other compensation for, or by reason of, his or her
services as an employee of such employer, than provided for in such
contract or agreement.''.
SEC. 202. EMPLOYMENT RELATIONSHIPS.
(a) Amendments to the Fair Labor Standards Act of 1938 To Harmonize
the Definition of Employee.--
(1) Definition of employee.--Section 3(e)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by
inserting before the period the following: ``, as determined
under the usual common law rules''.
(2) Definition of employ.--Section 3(g) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(g)) is amended by
inserting ``an employee'' after ``permit''.
(b) Clarification of Joint Employment.--
(1) National labor relations act.--Section 2(2) of the
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(A) by striking ``The term `employer''' and
inserting ``(A) The term `employer'''; and
(B) by adding at the end the following:
``(B) An employer may be considered a joint employer of the
employees of another employer only if each employer directly, actually,
and immediately, and not in a limited and routine manner, exercises
significant control over the essential terms and conditions of
employment of the employees of the other employer, such as hiring such
employees, discharging such employees, determining the rate of pay and
benefits of such employees, supervising such employees on a day-to-day
basis, assigning such employees a work schedule, position, or task, or
disciplining such employees.''.
(2) Fair labor standards act of 1938.--Section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is
amended--
(A) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes''; and
(B) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if each
employer meets the criteria set forth in section 2(2)(B) of the
National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for
purposes of determining joint-employer status under this Act, the terms
`employee' and `employer' referenced in such section shall have the
meanings given such terms in this section.''.
(c) Benefits for Individuals Accessing Work Through a Digital
Marketplace Company.--
(1) In general.--Notwithstanding any other provision of
law, the fact that an individual accessing work through a
digital marketplace company receives retirement or fringe
benefits from such digital marketplace company shall not
establish, or support the establishment of, an employee and
employer relationship between the individual accessing work
through a digital marketplace company and the digital
marketplace company, respectively, under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), the National
Labor Relations Act (29 U.S.C. 151 et seq.), or any other
Federal law.
(2) Definitions.--In this subsection:
(A) Digital marketplace company.--The term
``digital marketplace company'' means a business entity
affecting commerce that--
(i)(I) maintains an online-enabled
application or platform to facilitate the
exchange of goods or services by users of the
online-enabled application or platform; or
(II) licenses access to an online-enabled
application or platform to facilitate the
exchange of goods or services; and
(ii) does not require a licensee using the
online-enabled application or platform to
generate business to accept any specific job
request as a condition of maintaining access to
the entity's online-enabled application or
platform.
(B) Individual accessing work through a digital
marketplace company.--The term ``individual accessing
work through a digital marketplace company'' means an
individual who--
(i) is provided with the option to accept
or reject job requests through an online-
enabled application or platform maintained by a
digital marketplace company; and
(ii) provides services to digital platform
consumers upon connection through a digital
network maintained by the digital marketplace
company in exchange for compensation or payment
of a fee.
(d) Provision of Technical Assistance.--Notwithstanding any other
provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.),
or any other Federal law, neither of the following may be construed,
alone or in combination with any other factor, as establishing an
employer and employee relationship between a franchisor (or any
employee of the franchisor) and a franchisee (or any employee of the
franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires such franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, child care, or paid leave,
including a requirement for such franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
(e) Protection of Employer Rights.--
(1) Purposes.--The purposes of this subsection are--
(A) to preserve the balance of rights between
employers, employees, and labor organizations; and
(B) to alleviate pressure on employers to hire
individuals who seek or gain employment in order to
disrupt the workplace of the employer or otherwise
inflict economic harm designed to put the employer out
of business.
(2) Clarification of employer rights regarding hiring.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158),
as amended by section 103(c)(2), is further amended by adding
at the end the following:
``(j) Nothing in subsection (a) shall be construed as requiring an
employer to employ any person who seeks or has sought employment with
the employer in furtherance of other employment or membership in a
labor organization.''.
SEC. 203. PREVENTING FEDERAL ACTIONS THAT CAUSE JOB LOSSES.
(a) Definitions.--In this section:
(1) Agency; rule.--The terms ``agency'' and ``rule'' have
the meanings given those terms in section 551 of title 5,
United States Code.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Employer.--The term ``employer'' has the meaning given
the term in section 2 of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101).
(4) Mass layoff; plant closing.--The terms ``mass layoff''
and ``plant closing'' have the meanings given those terms in
section 2 of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101), except that those terms do not include a
mass layoff or plant closing described in section 4 of that Act
(29 U.S.C. 2103).
(5) Rescission resolution.--The term ``rescission
resolution'' means a joint resolution--
(A) relating to an Executive order for which the
Director has submitted notice to Congress under
subsection (d)(2) that the Executive order is likely to
result in an employer ordering a plant closing or mass
layoff;
(B) which does not have a preamble;
(C) the title of which is as follows: ``Joint
resolution relating to nullifying the Executive Order
relating to ___.'', the blank space being filled in
with the title of the Executive order; and
(D) the matter after the resolving clause of which
is as follows: ``That--
``(1) effective as if enacted on the date on which the
Executive Order was issued, the provisions of Executive Order
____, entitled `______' are rescinded and shall have no force
or effect; and
``(2) none of the funds appropriated or otherwise made
available by any Act may be used to implement, administer, or
otherwise carry out the Executive Order described in paragraph
(1), or any successor Executive order or regulation.'', the
blank spaces being filled in with the number and title,
respectively, of the Executive order.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(b) Review Process of Agency Rules.--
(1) In general.--The head of an agency shall include in
each report relating to a rule submitted to each House of
Congress and the Comptroller General of the United States under
section 801(a)(1)(A) of title 5, United States Code, a
regulatory impact statement that includes--
(A) a determination of whether the rule is likely
to result in an employer ordering--
(i) a plant closing; or
(ii) a mass layoff; and
(B) if the head of the agency makes a positive
determination under subparagraph (A), a list of each
State in which an employer is likely to order a plant
closing or mass layoff as a result of the rule.
(2) Considerations.--In making a determination on a rule
under paragraph (1)(A), the head of an agency shall consider
comments received from the public.
(3) Notification.--Not later than the date on which the
head of an agency issues a rule for which the head of the
agency makes a positive determination under paragraph (1)(A),
the head of the agency shall notify--
(A) the Governor of any State included in a list
described in paragraph (1)(B) of the likelihood of an
employer ordering a plant closing or mass layoff in
that State as a result of the rule; and
(B) any employees likely to be impacted by an
employer ordering a plant closing or mass layoff that
may occur as a result of the rule.
(c) Time Limit for Congressional Review Inapplicable.--With respect
to a rule for which the head of an agency makes a positive
determination under subsection (b)(1)(A), the period during which a
joint resolution described in section 802(a) of title 5, United States
Code, relating to the rule may be introduced shall be unlimited.
(d) Review Process of Executive Orders.--
(1) In general.--Not later than 7 days after the date on
which the President issues an Executive order, the Director
shall determine whether the Executive order is likely to result
in an employer ordering a mass layoff or plant closing.
(2) Notification.--Not later than 15 days after the date on
which the President issues an Executive order for which the
Director makes a positive determination under paragraph (1),
the Director shall submit a notice to Congress and the Governor
of any State in which an employer is likely to order a plant
closing or mass layoff as a result of the Executive order,
which shall contain the following message:
``In accordance with section 203 of the Employee Rights
Act, I am notifying you that the President has issued Executive
Order Number ___, which I have determined would likely result
in an employer ordering a plant closing or mass layoff at
_____.'', the blank spaces being filled in with the number of
the Executive order and the address of the single site of
employment at which an employer is likely to order a plant
closing or mass layoff, respectively.
(e) Nullification of Executive Actions.--
(1) In general.--It shall be in order, not later than 60
days (excluding days either House of Congress is adjourned for
more than 3 days during a session of Congress) after the date
on which the Director notifies Congress of an Executive order
that is likely to result in an employer ordering a plant
closing or mass layoff under subsection (d)(2), to introduce a
rescission resolution in the House of Representatives or the
Senate with respect to the Executive order.
(2) Congressional consideration of proposed rescission
resolutions.--
(A) Procedure in house and senate.--
(i) Referral.--Any rescission resolution
introduced under paragraph (1) shall be
referred to the appropriate committee of the
House of Representatives or the Senate, as the
case may be.
(ii) Discharge of committee.--
(I) In general.--If the committee
to which a rescission resolution with
respect to an Executive order has been
referred has not reported it at the end
of 25 calendar days of continuous
session of the Congress after its
introduction, it is in order to move
to--
(aa) discharge the
committee from further
consideration of the rescission
resolution; or
(bb) discharge the
committee from further
consideration of any other
rescission resolution with
respect to the same Executive
order, which has been referred
to the committee.
(II) Motion to discharge.--A motion
to discharge may be made only by an
individual favoring the rescission
resolution and may be made only if
supported by one-fifth of the Members
of the House involved (a quorum being
present). The motion is highly
privileged in the House and privileged
in the Senate (except that it may not
be made after the committee has
reported a rescission resolution with
respect to the same Executive order)
and debate thereon shall be limited to
not more than 1 hour, the time to be
divided in the House equally between
those favoring and those opposing the
rescission resolution, and to be
divided in the Senate equally between,
and controlled by, the majority leader
and the minority leader or their
designees. An amendment to the motion
is not in order, and it is not in order
to move to reconsider the vote by which
the motion is agreed to or disagreed
to.
(iii) Floor consideration in the house.--
(I) When the committee of the House
of Representatives has reported, or has
been discharged from further
consideration of a rescission
resolution, it shall at any time
thereafter be in order (even though a
previous motion to the same effect has
been disagreed to) to move to proceed
to the consideration of the rescission
resolution. The motion shall be highly
privileged and not debatable. An
amendment to the motion shall not be in
order, nor shall it be in order to move
to reconsider the vote by which the
motion is agreed to or disagreed to.
(II) Debate on a rescission
resolution shall be limited to not more
than 2 hours, which shall be divided
equally between those favoring and
those opposing the rescission
resolution or resolution. A motion
further to limit debate shall not be
debatable. It shall not be in order to
move to reconsider the vote by which a
rescission resolution is agreed to or
disagreed to.
(III) Motions to postpone, made
with respect to the consideration of a
rescission resolution, and motions to
proceed to the consideration of other
business, shall be decided without
debate.
(IV) All appeals from the decisions
of the Chair relating to the
application of the Rules of the House
of Representatives to the procedure
relating to any rescission resolution
shall be decided without debate.
(V) Except to the extent
specifically provided in the preceding
provisions of this subsection,
consideration of any rescission
resolution and amendments thereto (or
any conference report thereon) shall be
governed by the Rules of the House of
Representatives applicable to other
rescission resolutions and resolutions,
amendments, and conference reports in
similar circumstances.
(iv) Floor consideration in the senate.--
(I) Debate in the Senate on any
rescission resolution, and all
amendments thereto and debatable
motions and appeals in connection
therewith, shall be limited to not more
than 10 hours. The time shall be
equally divided between, and controlled
by, the majority leader and the
minority leader or their designees.
(II) Debate in the Senate on any
amendment to a rescission resolution
shall be limited to 2 hours, to be
equally divided between, and controlled
by, the mover and the manager of the
rescission resolution. Debate on any
amendment to an amendment, to such a
rescission resolution, and debate on
any debatable motion or appeal in
connection with such a rescission
resolution shall be limited to 1 hour,
to be equally divided between, and
controlled by, the mover and the
manager of the rescission resolution,
except that in the event the manager of
the rescission resolution is in favor
in any such amendment, motion, or
appeal, the time in opposition thereto,
shall be controlled by the minority
leader or his designee. No amendment
that is not germane to the provisions
of a rescission resolution shall be
received. Such leaders, or either of
them, may, from the time under their
control on the passage of a rescission
resolution, allot additional time to
any Senator during the consideration of
any amendment, debatable motion, or
appeal.
(III) A motion to further limit
debate is not debatable. A motion to
recommit a rescission resolution
(except a motion to recommit with
instructions to report back within a
specified number of days, not to exceed
3, excluding any day on which the
Senate is not in session) is not in
order. Debate on any such motion to
recommit shall be limited to one hour,
to be equally divided between, and
controlled by, the mover and the
manager of the concurrent resolution.
(IV) The conference report on any
rescission resolution shall be in order
in the Senate at any time after the
third day (excluding Saturdays,
Sundays, and legal holidays) following
the day on which such a conference
report is reported and is available to
Members of the Senate. A motion to
proceed to the consideration of the
conference report may be made even
though a previous motion to the same
effect has been disagreed to.
(V) During Senate consideration of
the conference report on any rescission
resolution, debate shall be limited to
2 hours, to be equally divided between,
and controlled by, the majority leader
and minority leader or their designees.
Debate on any debatable motion or
appeal related to the conference report
shall be limited to 30 minutes, to be
equally divided between, and controlled
by, the mover and the manager of the
conference report.
(VI) Should the conference report
be defeated, debate on any request for
a new conference and the appointment of
conferees shall be limited to one hour,
to be equally divided, between, and
controlled by, the manager of the
conference report and the minority
leader or his designee, and should any
motion be made to instruct the
conferees before the conferees are
named, debate on such motion shall be
limited to 30 minutes, to be equally
divided between, and controlled by, the
mover and the manager of the conference
report. Debate on any amendment to any
such instructions shall be limited to
20 minutes, to be equally divided
between, and controlled by the mover
and the manager of the conference
report. In all cases when the manager
of the conference report is in favor of
any motion, appeal, or amendment, the
time in opposition shall be under the
control of the minority leader or his
designee.
(VII) In any case in which there
are amendments in disagreement, time on
each amendment shall be limited to 30
minutes, to be equally divided between,
and controlled by, the manager of the
conference report and the minority
leader or his designee. No amendment
that is not germane to the provisions
of such amendments shall be received.
(3) Continuity of session of congress.--For the purpose of
this subsection, continuity of a session of the Congress shall
be considered as broken only by an adjournment of the Congress
sine die.
TITLE III--STRUCTURAL REFORMS
SEC. 301. TRIBAL SOVEREIGNTY.
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), by inserting ``or any Indian tribe,
or any enterprise or institution owned and operated by an
Indian tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian tribe' means any Indian tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian tribe or Indian or held by any Indian tribe or
Indian subject to restriction by the United States
against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
Federally recognized Indian tribe.''.
SEC. 302. LABOR ORGANIZATIONS REQUIRED TO FILE FORM T-1 TRUST ANNUAL
REPORTS.
Section 201 of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 431) is amended by adding at the end the following:
``(d) Form T-1 Annual Trust Report.--
``(1) Definition of covered labor organization.--In this
subsection, the term `covered labor organization' means a labor
organization whose total annual receipts equal or exceed
$250,000.
``(2) Conditions.--Each covered labor organization shall
file an annual report containing the information described in
paragraph (3) for each trust in which a labor organization is
interested if the labor organization (alone or in combination
with other labor organizations)--
``(A) has, at any time during or prior to the
reporting period, selected or appointed the majority of
the governing board of the trust in office at any time
during the reporting period; or
``(B) contributes more than 50 percent of the
receipts of the trust during the reporting period.
``(3) Report.--A report required under paragraph (2) shall
contain information pertaining to the financial operations of
the labor organization and the trust, including any
transactions or major receipts or disbursements by the trust
during the reporting period.''.
TITLE IV--ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS AND PROTECTIONS
SEC. 401. NOTICE OF RIGHTS AND PROTECTIONS; VOTER REGISTRATION LISTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158), as
amended by section 202(e), is further amended by adding at the end the
following:
``(k)(1) The Board shall promulgate regulations requiring each
employer to post and maintain, in conspicuous places where notices to
employees and applicants for employment are customarily posted both
physically and electronically, a notice setting forth the rights and
protections afforded to employees under this Act, which shall include
the right and process to rescind the authority of a labor organization
under section 9(e), an explanation that any employee in a collective
bargaining unit may be exempt from the activities of the labor
organization, and that any fees collected by such labor organization
may not be used for political activities, and with respect to a State
or Territory in which membership in a labor organization may not be a
condition of employment, an employee may opt out of any such fees, and
with respect to a State or Territory in which such membership may be a
condition of employment, such fees may only be used by the labor
organization for collective bargaining and representational activities.
``(2) Whenever the Board directs an election under section 9(c) or
approves an election agreement, the employer of employees in the
bargaining unit shall, not later than two business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the names of all
employees in the bargaining unit and not more than one additional form
of personal contact information for the employee (such as a telephone
number, an email address, or a mailing address) chosen by the employee
in writing. The voter list shall be provided in a searchable electronic
format generally approved by the Board unless the employer certifies
that the employer does not possess the capacity to produce the list in
the required form. Not later than nine months after the date of
enactment of the Employee Rights Act, the Board shall promulgate
regulations implementing the requirements of this paragraph.
``(3) It shall be an unfair labor practice for an employer to
violate any requirement under this subsection.''.
SEC. 402. LABOR ORGANIZATION USE OF PERSONAL INFORMATION.
Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b))
is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking ``8(b).'' and inserting
``8(b); and''; and
(3) by adding at the end the following:
``(8) to fail to protect the personal information of an
employee received for an organizing drive, to use such
information for any reason other than a representation
proceeding, or to use such information after the conclusion of
a representation proceeding.''.
SEC. 403. NOTICES FOR LABOR ORGANIZATION CARDS DECLARING PURPOSE AND
DISCLOSURE OF DUES AND FEES.
Section 8 of the National Labor Relations Act (29 U.S.C. 158), as
amended by section 401, is further amended by adding at the end the
following:
``(l)(1) Labor organization authorization cards shall be
accompanied by a written notice--
``(A) specifying that such cards will be used to certify
the labor organization as the exclusive bargaining
representative of the employee; and
``(B) clarifying the rights of the employee and the total
monthly dues and fees charged by the labor organization.
``(2) A card shall not be considered valid without the written
notice required under paragraph (1).
``(3) Failure by a labor organization to comply with paragraph (1)
shall constitute an unfair labor practice.''.
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