Section 1 Short title
This Act may be cited as the “Union Coercion Prevention Act”.
Union Coercion Prevention Act
A BILL
To protect workers from the corrupt and coercive Card Check system of organizing labor unions.
Sec. 2 Amendments to the National Labor Relations Act
Unfair labor practices— Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by inserting “interfere with” before “restrain”.
Representatives and elections— Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended—
in subsection (a)—
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
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”.
Fair representation in elections— Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended—
in subsection (b), by inserting “prior to an election” after “in each case”; and
in subsection (c)—
in the flush matter following paragraph (1)(B)—
by inserting “of 14 days in advance” after “appropriate hearing upon due notice”;
by inserting “, and a review of post-hearing appeals,” after “the record of such hearing”; and
by adding at the end the following: “No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list 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.”; and
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 the Board has ruled on—
“(i) 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.”
Penalties— Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended by inserting after the second sentence following the second proviso, the following: “Any labor organization found to have 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, shall be liable for wages lost and union dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. 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.”.