,,ii #aaeth ,,congress #b;d ,session ,s4 #bhaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjah,mr4 ,sanders 7for himself1 ,mrs4 ,gillibrand1 ,ms4 ,warren1 ,mr4 ,brown1 ,ms4 ,baldwin1 ,mr4 ,whitehouse1 ,ms4 ,harris1 ,mr4 ,merkley1 ,mr4 ,markey1 ,mr4 ,booker1 ,mr4 ,wyden1 ,mr4 ,leahy1 and ,mr4 ,van ,hollen7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,national ,labor ,relations ,act to establish an efficient system to enable employees to form1 join1 or assist labor organizations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,workplace ,democracy ,act4 #b4 ,amendments to the ,national ,labor ,relations ,act 7a7 ,coverage ,section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7 is amended-- 7#a7 in paragraph 7#c71 by adding at the end the following3 8,an individual performing any service shall be considered an employee 7except as provided in the previous sentence7 and not an independent contractor1 unless-- 7,a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of service and in fact2 7,b7 the service is performed outside the usual course of the business of the employer2 and 7,c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the service performed4 2 and 7#b7 in paragraph 7#aa7-- 7,a7 by inserting and for a majority of the individual's worktime after interest of the employer2 7,b7 by striking assign12 and 7,c7 by striking or responsibly to direct them14 7b7 ,unfair labor practices2 secondary boycotts and picketing 7#a7 ,in general ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#e71 by striking the period and inserting 2 and2 and 7ii7 by adding at the end the following3 7#f7 to coerce any employee into attending or participating in campaign activities that are unrelated to the employee's job duties4 2 7,b7 in subsection 7b7-- 7i7 by striking paragraphs 7#d7 and 7#g72 and 7ii7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,c7 by repealing subsection 7e74 7#b7 ,prevention of unfair labor practices ,section #aj of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7 is amended-- 7,a7 by striking subsections 7k7 and 7l72 and 7,b7 by redesignating subsection 7m7 as subsection 7k74 7#c7 ,facilitating collective bargaining agreements ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 as so amended1 is further 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 board 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 7c7 ,streamlining certification for labor organizations ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended-- 7#a7 in section #c7;b7 7#bi ,u4,s4,c4 #aec7;b77-- 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 section12 and 7#b7 in section #i7;c7 7#bi ,u4,s4,c4 #aei7;c771 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 purposes of collective 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 7d7 ,preempting ,state right-to-,work for less laws ,subsection 7b7 of section #ad of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afd7 is repealed4 7e7 ,joint and several liability ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following3 #bj4 ,joint and several liability 7a7 ,in general ,a joint employer shall be jointly and severally liable under this ,act for any violations of this ,act involving one or more employees supplied by another employer to perform labor within the joint employer's usual course of business4 7b7 ,joint employer ,an employer shall be considered a joint employer of employees of another employer for purposes of this ,act1 if such employer possesses1 reserves1 or exercises enough direct or indirect control over such employees' essential terms and conditions of employment to permit meaningful collective bargaining between the employer and such employees4 4 #c4 ,amendment to the ,labor ,management ,relations ,act1 #aidg1 with respect to secondary boycotts ,section #cjc of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #ahg7 is repealed4 #d4 ,amendments to the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7a7 ,persuader reporting and disclosure parity requirements ,section #bjc of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7 is amended-- 7#a7 in subsection 7c71 by striking the period at the end and inserting the following3 3 ,provided1 ,that this subsection shall not exempt from the requirements of this section any arrangement or part of an arrangement in which a party agrees to draft speeches1 presentations1 or other written1 recorded1 or electronic communications to be delivered or disseminated to employees for an object described in subsection 7b77#a742 and 7#b7 by adding at the end the following3 7h7 ,anti-,labor organization campaigns 7#a7 ,payment report 7,a7 ,in general ,an employer who makes any payment 7including reimbursed expenses7 to a labor relations consultant or other independent contractor or organization pursuant to an agreement or arrangement described in subsection 7a77#d7 involving activities to disfavor a labor organization or weaken the rights of employees to organize and bargain collectively shall1 except as provided in subparagraph 7,c71 provide a report described in subparagraph 7,b7 to the ,secretary every #g days if such a payment was made during such #g-;day period4 7,b7 ,contents of report ,the report described in this subparagraph shall contain-- 7i7 the contents of the report described in subsection 7a7 with respect to any payment described in subparagraph 7,a7 made during the applicable period of the report2 and 7ii7 the total amount of all such payments made pursuant to the agreement or arrangement described in such subparagraph4 7,c7 ,representation elections ,for the #g-;day period immediately prior to the date of a representation election1 an employer required to provide a report under subparagraph 7,a7 shall provide such report to the ,secretary every #bd hours if such a payment was made during such #bd-;hour period4 7,d7 ,third-party entity reporting ,the ,secretary shall establish procedures for any third-party entity that enters into an agreement or an arrangement with an employer to engage in activities to disfavor a labor organization or weaken the rights of employees to organize and bargain collectively to provide reports to the ,secretary that are consistent with the procedures for the reports required of employers under subparagraphs 7,a7 through 7,c74 7#b7 ,negative information ,not later than #g days after an employer disseminates to employees information that disfavors a labor organization or the rights of employees to organize and bargain collectively1 the employer shall disclose such information1 including the names and contact information for employees receiving the information1 to the affected labor organization and to the ,secretary4 7#c7 ,registration and certification of persuaders 7,a7 ,in general ,a labor relations consultant or other independent contractor or organization that provides services pursuant to an agreement or arrangement described in paragraph 7#a77;,a7 shall prior to1 and as a condition for1 providing such services register with and be certified by the ,office of ,labor ,management ,standards4 7,b7 ,process for registration and certification ,the ,secretary shall prescribe a process for the registration and certification required under subparagraph 7,a74 ,such process shall include requiring the labor relations consultant1 other independent contractor1 or organization described in such subparagraph to-- 7i7 provide its name1 address1 business telephone number1 and principal place of business2 7ii7 provide the name of its principal officers1 if any2 7iii7 provide a general description of its business activities2 and 7iv7 submit to a criminal background check conducted by the ,secretary at the expense of such consultant1 independent contractor1 or organization4 7,c7 ,prohibition against registering and certifying certain persons ,the ,office of ,labor ,management ,standards shall not register and certify under this paragraph any labor relations consultant1 independent contractor1 or organization that has been convicted of any offense described in section #ejd7;a74 4 7b7 ,penalties ,section #baj of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #ddj7 is amended-- 7#a7 by striking ,whenever and inserting 7a7 ,whenever2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,except as provided in paragraph 7#b71 the ,secretary shall impose on any employer that violates paragraph 7#a7 or 7#b7 of section #bjc7;h7 a civil penalty in an amount not to exceed #aj1jjj for each violation4 7#b7 ,an employer shall not be subject to a civil penalty under paragraph 7#a7 if the employer can show a good faith attempt to comply with paragraph 7#a7 or 7#b7 of section #bjc7;h74 7#c7 ,the ,secretary shall impose on any labor relations consultant or other independent contractor or organization that violates section #bjc7;h77#c7 a civil penalty in the amount of #bej per day for each day the consultant1 independent contractor1 or organization is not in compliance with such section4 4