1. Short title
This Act may be cited as the “Worker’s Choice Act of 2019”.
Worker’s Choice Act of 2019
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.
2. Amendments to the National Labor Relations Act
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)”.
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”.
Unfair labor practice for labor organization— Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended—
in paragraph (1)—
by inserting “interfere with,” before “restrain”; and
by inserting “(except that an employee can resign at any time effective immediately)” after “membership therein” in subparagraph (A);
in paragraph (2), by striking “or to discriminate” and all that follows through “retaining membership”;
in paragraph (5)—
by striking “covered by an agreement authorized under subsection (a)(3)”;
by striking “becoming a member of” and inserting “being represented by”;
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
by striking “In making such” and all that follows through “the employees affected”.
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.”
by striking subsection (e).