,,ii #aacth ,,congress #ast ,session ,s4 #agab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ad1 #bjac,mr4 ,hatch 7for himself1 ,mr4 ,alexander1 ,mr4 ,mc,connell1 ,mr4 ,barrasso1 ,mr4 ,boozman1 ,mr4 ,burr1 ,mr4 ,chambliss1 ,mr4 ,coburn1 ,mr4 ,cochran1 ,mr4 ,cornyn1 ,mr4 ,enzi1 ,mr4 ,graham1 ,mr4 ,heller1 ,mr4 ,inhofe1 ,mr4 ,isakson1 ,mr4 ,johnson of ,wisconsin1 ,mr4 ,lee1 ,mr4 ,mc,cain1 ,mr4 ,paul1 ,mr4 ,risch1 ,mr4 ,rubio1 ,mr4 ,scott1 ,mr4 ,thune1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization4 #a4 ,short title ,this ,act may be cited as the ,employee ,rights ,act4 #b4 ,amendments to the ,national ,labor ,relations ,act 7a7 ,unfair labor practices ,section #h7;b77#a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77#a77 is amended by inserting interfere with before restrain4 7b7 ,representatives and elections ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended-- 7#a7 in subsection 7a7-- 7,a7 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 ,board12 and 7,b7 by inserting before the period the following3 3 ,provided further1 ,that1 for purposes of determining the majority of the employees in a secret ballot election in a unit1 the term majority shall mean the majority of all the employees in the unit1 and not the majority of employees voting in the election2 and 7#b7 in subsection 7e71 by adding at the end the following3 7#c7 ,whenever any certified or voluntarily recognized bargaining unit existing on or after the date of enactment of the ,employee ,rights ,act experiences turnover1 expansion1 or alteration by merger of unit represented employees exceeding #ej percent of the bargaining unit on such date and 7,a7 the unit represented employees are covered by a negotiated and agreed-upon collective agreement in effect between a labor organization representative and an employer1 the ,board shall conduct a secret paper ballot election among the represented employees in the bargaining unit between the #abjth day and #aajth day prior to the collective agreement's expiration or prior to the conclusion of three years1 whichever occurs earlier1 or 7,b7 there is no negotiated collective agreement then in effect between a labor organization and an employer1 the ,board shall conduct a secret paper ballot election among the represented employees in the bargaining unit within #cj days4 ,thereafter1 a secret ballot election shall again be conducted under the same conditions and procedures whenever the recognized bargaining unit experiences turnover1 expansion1 or alteration by merger of unit represented employees exceeding #ej percent of the bargaining unit then in existence at the time of the preceding secret paper ballot election4 ,the election shall be conducted without regard to the pendency of any unfair labor practice charge against the employer or the labor organization representative and the ,board shall rule on any objections to the election pursuant to its established timeframes for resolving such matters4 ,if a majority of the votes cast in a valid election reject the continuing representation by the labor organization1 the ,board shall withdraw the labor organization's certification1 the labor organization shall cease representation of employees in the bargaining unit1 and any obligations to or on behalf of the labor organization in a collectively bargained contract then in effect shall terminate4 4 7c7 ,fair representation in elections ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended-- 7#a7 in subsection 7b71 by inserting prior to an election after in each case2 and 7#b7 in subsection 7c7-- 7,a7 in the flush matter following paragraph 7#a77;,b7-- 7i7 by inserting of #ad days in advance after appropriate hearing upon due notice2 7ii7 by inserting 1 and a review of post-hearing appeals1 after the record of such hearing2 and 7iii7 by adding at the end the following3 ,the employer shall provide the ,board a list consisting only of employee names and home addresses of all eligible voters within #g days following the ,board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters4 ,any employee may elect to be excluded from such list by notifying the employer in writing42 and 7,b7 by adding at the end the following3 7#f7 7,a7 ,no election shall take place after the filing of any petition unless and until-- 7i7 a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material1 factual issues regarding jurisdiction1 statutory coverage1 appropriate unit1 unit inclusion or exclusion1 or eligibility of individuals2 and 7ii7 the issues are resolved by a ,regional ,director1 subject to appeal and review1 or by the ,board4 7,b7 ,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-- 7i7 each pre-election issue not resolved before the election2 and 7ii7 the ,board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election4 4 7d7 ,penalties ,section #aj of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7 is amended by inserting after the second sentence following the second proviso1 the following3 ,any labor organization found to have interfered with1 restrained1 or coerced employees in the exercise of their rights under section #g to form or join a labor organization or to refrain therefrom1 including the filing of a decertification petition1 shall be liable for wages lost and union dues or fees collected unlawfully1 if any1 and an additional amount as liquidated damages4 ,any labor organization found to have interfered with1 restrained1 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 petition44 #c4 ,amendments to the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7a7 ,definition ,section #c7k7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #djb7k77 is amended by striking ballot1 voting machine1 or otherwise1 but and inserting paper ballot1 voting machine1 or electronic ballot cast in the privacy of a voting booth and4 7b7 ,rights of members ,section #aja7;a77#a7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #daa7;a77#a77 is amended by adding at the end the following ,every employee in a bargaining unit represented by a labor organization1 regardless of membership status in the labor organization1 shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with1 or to engage in1 a strike or refusal to work of any kind against their employer44 7c7 ,right not ,to subsidize union nonrepresentational activities ,title ,i of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #daa et seq47 is amended by adding at the end the following3 #ajf4 ,right not to subsidize union nonrepresentational activities ,no employee's union dues1 fees1 or assessments or other contributions shall be used or contributed to any person1 organization1 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 member1 or nonmember required to make such payments as a condition of employment1 authorizes such expenditure in writing1 after a notice period of not less than #ce days4 ,an initial authorization provided by an employee under the preceding sentence shall expire not later than #a year after the date on which such authorization is signed by the employee4 ,there shall be no automatic renewal of an authorization under this section4 4 7d7 ,limitations ,section #aja7;a7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #daa7;a77 is amended by adding at the end the following3 7#f7 ,limitation ,no strike shall commence without the consent of a majority of all represented unit employees affected1 determined by a secret ballot vote conducted by a neutral1 private organization chosen by agreement between the employer and the labor organization involved4 ,in any case in which the employer involved has made an offer for a collective bargaining agreement1 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 strike4 ,the cost of any such election shall be borne by the labor organization4 4 7e7 ,reporting by labor organizations ,section #bja7;c7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dca7;c77 is amended-- 7#a7 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 report2 7#b7 by inserting and represented unit nonmembers after members2 7#c7 by inserting and represented unit nonmember after any member2 7#d7 by striking and after any books1 records12 and 7#e7 by inserting 1 and independently verified annual audit report of the labor organization's financial condition and operations before necessary to verify such report44 7f7 ,acts of violence ,section #faj of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #ecj7 is amended-- 7#a7 by striking ,it shall and inserting 7a7 ,it shall2 and 7#b7 by adding at the end the following3 7b7 ,it shall be unlawful for any person1 through the use of force or violence1 or threat of the use of force or violence1 to restrain1 coerce1 or intimidate1 or attempt to restrain1 coerce1 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 employment4 ,any person who willfully violates this subsection shall be fined not more than #ajj1jjj or imprisoned for not more than #aj years1 or both4 7c7 ,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 #aiea7;b77#b7 of title #ah1 ,united ,states ,code1 from the definition of extortion4 4