,i #aadth ,,congress #b;d ,session ,h4 ,r4 #ejjj ,,in ,,the ,,house ,,of ,,representatives ,april #bj1 #bjaf ,mr4 ,grayson introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend the ,national ,labor ,relations ,act to establish an efficient system to enable employees to form1 join1 or assist labor organizations1 to provide for mandatory injunctions for unfair labor practices during organizing efforts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,employee ,free ,choice ,act of #bjaf4 #b4 ,streamlining union certification 7a7 ,in general ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77 is amended by adding at the end the following3 7#f7 ,notwithstanding any other provision of this section1 whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes1 the ,board shall investigate the petition4 ,if the ,board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit1 the ,board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection 7a74 7#g7 ,the ,board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph 7#f74 ,such guidelines and procedures shall include-- 7,a7 model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph 7#f72 and 7,b7 procedures to be used by the ,board to establish the validity of signed authorizations designating bargaining representatives4 4 7b7 ,conforming amendments 7#a7 ,national labor relations ,board ,section #c7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec7;b77 is amended1 in the second sentence-- 7,a7 by striking and to and inserting to2 and 7,b7 by striking and certify the results thereof1 and inserting 1 and to issue certifications as provided for in that section14 7#b7 ,unfair labor practices ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77 is amended-- 7,a7 in paragraph 7#g77;,b7 by striking 1 or and inserting or a petition has been filed under section #i7;c77#f71 or2 and 7,b7 in paragraph 7#g77;,c7 by striking when such a petition has been filed and inserting when such a petition other than a petition under section #i7;c77#f7 has been filed4 #c4 ,facilitating initial collective bargaining agreements ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition1 the provisions of subsection 7d7 shall be modified as follows3 7#a7 ,not later than #aj days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section #i7;a71 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#b7 ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#c7 ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#b71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the ,service4 ,the arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 4 #d4 ,strengthening enforcement 7a7 ,injunctions against unfair labor practices during organizing drives 7#a7 ,in general ,section #aj7l7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7l77 is amended-- 7,a7 in the second sentence1 by striking ,if1 after such and inserting the following3 7#b7 ,if1 after such 2 and 7,b7 by striking the first sentence and inserting the following3 7#a7 ,whenever it is charged-- 7,a7 that any employer-- 7i7 discharged or otherwise discriminated against an employee in violation of subsection 7a77#c7 of section #h2 7ii7 threatened to discharge or to otherwise discriminate against an employee in violation of subsection 7a77#a7 of section #h2 or 7iii7 engaged in any other unfair labor practice within the meaning of subsection 7a77#a7 that significantly interferes with1 restrains1 or coerces employees in the exercise of the rights guaranteed in section #g2 while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section #i7;a7 until the first collective bargaining contract is entered into between the employer and the representative2 or 7,b7 that any person has engaged in an unfair labor practice within the meaning of subparagraph 7,a71 7,b71 or 7,c7 of section #h7;b77#d71 section #h7;e71 or section #h7;b77#g72 the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred4 4 7#b7 ,conforming amendment ,section #aj7m7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7m77 is amended by inserting under circumstances not subject to section #aj7l7 after section #h4 7b7 ,remedies for violations 7#a7 ,backpay ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by striking ,and provided further1 and inserting ,provided further1 ,that if the ,board finds that an employer has discriminated against an employee in violation of subsection 7a77#c7 of section #h while employees of the employer were seeking representation by a labor organization1 or during the period after a labor organization was recognized as a representative defined in subsection 7a7 of section #i until the first collective bargaining contract was entered into between the employer and the representative1 the ,board in such order shall award the employee back pay and1 in addition1 #b times that amount as liquidated damages3 ,provided further14 7#b7 ,civil penalties ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb7 is amended-- 7,a7 by striking ,any and inserting 7a7 ,any2 and 7,b7 by adding at the end the following3 7b7 ,any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsection 7a77#a7 or 7a77#c7 of section #h while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection 7a7 of section #i until the first collective bargaining contract is entered into between the employer and the representative shall1 in addition to any make-whole remedy ordered1 be subject to a civil penalty of not to exceed #bj1jjj for each violation4 ,in determining the amount of any penalty under this section1 the ,board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party1 on other persons seeking to exercise rights guaranteed by this ,act1 or on the public interest4 4