,,ii #aagth ,,congress #b;d ,session ,s4 #chhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjbb,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,mc,connell1 ,mr4 ,thune1 ,mr4 ,barrasso1 ,mr4 ,burr1 ,mr4 ,braun1 ,mr4 ,marshall1 ,mr4 ,moran1 ,mr4 ,tuberville1 ,mr4 ,risch1 ,mr4 ,crapo1 ,mr4 ,cornyn1 ,mr4 ,daines1 ,ms4 ,lummis1 ,mrs4 ,hyde-,smith1 ,mr4 ,hagerty1 ,mr4 ,boozman1 ,mr4 ,wicker1 ,mr4 ,tillis1 ,mr4 ,cramer1 ,mr4 ,romney1 ,mr4 ,cotton1 ,mr4 ,inhofe1 ,mr4 ,johnson1 and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to reform the labor laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,employee ,rights ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,enhancing employee rights,sec4 #aja4 ,enhanced ,employee ,rights4,sec4 #ajb4 ,interference with commerce by threats or violence4,sec4 #ajc4 ,additional labor rights under the ,national ,labor ,relations ,act4,,title ,,ii--,employee ,benefits and ,advancement,sec4 #bja4 ,payment of higher wages4,sec4 #bjb4 ,employment relationships4,sec4 #bjc4 ,preventing ,federal actions that cause job losses4,,title ,,iii--,structural reforms,sec4 #cja4 ,tribal ,sovereignty4,sec4 #cjb4 ,labor organizations required to file ,form ,t-#a ,trust ,annual ,reports4,,title ,,iv--,additional reforms to existing labor rights and protections,sec4 #dja4 ,notice of rights and protections2 voter registration lists4,sec4 #djb4 ,labor organization use of personal information4,sec4 #djc4 ,notices for labor organization cards declaring purpose and disclosure of dues and fees4 ,i ,enhancing employee rights #aja4 ,enhanced ,employee ,rights 7a7 ,amendments to the ,national ,labor ,relations ,act 7#a7 ,unfair labor practices ,section #h7;b77#a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77#a77 is amended by striking restrain or and inserting interfere with1 restrain1 or4 7#b7 ,representatives and elections ,the ,national ,labor ,relations ,act is amended-- 7,a7 in section #h 7#bi ,u4,s4,c4 #aeh71 by adding at the end the following3 7h7 7#a7 ,except as described in paragraph 7#c71 it shall not be an unfair labor practice under subsection 7a7 for an employer that1 not more than #ij days prior to the expiration of a collective bargaining agreement in effect between a representative of employees of the employer in a bargaining unit and the employer1 receives evidence that the majority of the employees in the unit do not support the representative for purposes of collective bargaining to refuse to bargain collectively with the representative prior to the expiration of the agreement for the purpose of negotiating a new or renewed collective bargaining agreement4 7#b7 ,an employer that refuses to bargain collectively in accordance with paragraph 7#a7 shall provide notice of the refusal to the representative of the bargaining unit on the date of such refusal4 7#c7 7,a7 ,it shall be an unfair labor practice for an employer described in paragraph 7#a7 to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph 7,b7 that a majority of the employees in the unit for purposes of collective bargaining support the representative4 7,b7 ,a representative reestablishes majority support under subparagraph 7,a71 if1 not more than #de days after the date of the notice of refusal under paragraph 7#b71 the representative1 in accordance with section #i1 files a petition with the ,board and is selected for purposes of collective bargaining by secret ballot1 in an election conducted by the ,board1 by the majority of the employees in the unit4 2 and 7,b7 in section #i7;a7 7#bi ,u4,s4,c4 #aei7;a77-- 7i7 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 7ii7 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 election3 ,provided further1 ,that1 for any bargaining unit that is voluntarily recognized for the purposes of collective bargaining as of the date of enactment of the ,employee ,rights ,act1 the ,board shall1 not later than #abj days after such date of enactment1 conduct a secret ballot election among the represented employees in the bargaining unit and1 if a majority of the votes cast in such election reject the continuing representation by the labor organization1 the labor organization shall cease representation of employees in the bargaining unit and any obligations to or on behalf of the labor organization in a collectively bargained contract then in effect shall terminate4 7#c7 ,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-- 7i7 in the flush matter following paragraph 7#a77;,b7-- 7,i7 by inserting of #ad days in advance after appropriate hearing upon due notice2 7,,ii7 by inserting 1 and a review of post-hearing appeals1 after the record of such hearing2 and 7,,iii7 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 7ii7 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-- 7i7 the ,board has ruled on 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 7#d7 ,penalties ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by inserting before ,and provided further the following3 ,provided further1 ,that in a case the ,board has found that any labor organization has 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 the ,board shall order the labor organization to be liable to the affected employees for wages lost and labor organization dues or fees collected unlawfully1 if any1 and an additional amount as liquidated damages3 ,provided further1 ,that 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 petition34 7b7 ,amendments to the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#a7 ,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 7#b7 ,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 in a strike or refusal to work of any kind against1 their employer44 7#c7 ,right not to subsidize labor organization 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 labor organization nonrepresentational activities ,no employee's labor organization dues1 fees1 assessments1 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 7#d7 ,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 7#e7 ,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 inserting or represented unit nonmember after to permit such member2 7,e7 by striking and after any books1 records12 and 7,f7 by striking necessary to verify such report and inserting 1 and independently verified annual audit report of the labor organization's financial condition and operations necessary to verify such report required to be submitted under this title4 7#f7 ,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 ,code4 4 #ajb4 ,interference with commerce by threats or violence ,section #aiea of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aiea4 ,interference with commerce by threats or violence 7a7 ,prohibition ,except as provided in subsection 7c71 whoever in any way or degree obstructs1 delays1 or affects commerce or the movement of any article or commodity in commerce1 by robbery or extortion1 or attempts or conspires so to do1 or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section1 shall be fined not more than #ajj1jjj1 imprisoned for a term of not more than #bj years1 or both4 7b7 ,definitions ,for purposes of this section-- 7#a7 the term commerce means any-- 7,a7 commerce within the ,district of ,columbia1 or any territory or possession of the ,united ,states2 7,b7 commerce between any point in a ,state1 territory1 possession1 or the ,district of ,columbia and any point outside thereof2 7,c7 commerce between points within the same ,state through any place outside that ,state2 and 7,d7 other commerce over which the ,united ,states has jurisdiction2 7#b7 the term extortion means the obtaining of property from any person1 with the consent of that person1 if that consent is induced-- 7,a7 by actual or threatened use of force or violence1 or fear thereof2 7,b7 by wrongful use of fear not involving force or violence2 or 7,c7 under color of official right2 7#c7 the term labor dispute has the same meaning as in section #b7i7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7i772 and 7#d7 the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another1 against his or her will1 by means of actual or threatened force or violence1 or fear of injury1 immediate or future-- 7,a7 to his or her person or property1 or property in his or her custody or possession2 or 7,b7 to the person or property of a relative or member of his or her family1 or of anyone in his or her company at the time of the taking or obtaining4 7c7 ,exempted conduct 7#a7 ,in general ,subsection 7a7 does not apply to any conduct that-- 7,a7 is incidental to otherwise peaceful picketing during the course of a labor dispute2 7,b7 consists solely of minor bodily injury1 or minor damage to property1 or threat or fear of such minor injury or damage2 and 7,c7 is not part of a pattern of violent conduct or of coordinated violent activity4 7#b7 ,state and local jurisdiction ,any violation of this section that involves any conduct described in paragraph 7#a7 shall be subject to prosecution only by the appropriate ,state and local authorities4 7d7 ,effect on other law ,nothing in this section shall be construed-- 7#a7 to repeal1 amend1 or otherwise affect-- 7,a7 section #f of the ,clayton ,act 7#ae ,u4,s4,c4 #ag72 7,b7 section #bj of the ,clayton ,act 7#bi ,u4,s4,c4 #eb72 7,c7 any provision of the ,norris-,la,guardia ,act 7#bi ,u4,s4,c4 #aja et seq472 7,d7 any provision of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 or 7,e7 any provision of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 or 7#b7 to preclude ,federal jurisdiction over any violation of this section1 on the basis that the conduct at issue-- 7,a7 is also a violation of ,state or local law2 or 7,b7 occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective4 4 #ajc4 ,additional labor rights under the ,national ,labor ,relations ,act 7a7 ,religious conscientious exemption ,section #ai of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afi7 is amended-- 7#a7 by striking ,any employee and inserting 7a7 ,any employee2 7#b7 by striking 2 except that and all that follows through chosen by the employee2 and 7#c7 by adding at the end the following3 7b7 7#a7 ,notwithstanding any other provision in this ,act1 a qualified employer shall not be required to comply with any provision in this ,act that requires the employer to recognize1 bargain with1 or financially support any labor organization4 7#b7 ,for purposes of this subsection-- 7,a7 the term qualified employer means an employer-- 7i7 that has a board of directors1 of which a majority of the individuals serving on such board are qualified individuals2 7ii7 that has a stock1 of which the majority is owned or controlled by a qualified individual or qualified individuals2 or 7iii7 whose management is controlled1 in majority1 by a qualified individual or qualified individuals2 and 7,b7 the term qualified individual means an individual who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion1 body1 or sect which has historically held conscientious objections to recognizing1 bargaining with1 or financially supporting labor organizations4 4 7b7 ,new elections in cases of labor organization misconduct ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c771 as amended by section #aja7;a77#c77;,b71 is further amended by adding at the end the following3 7#g7 ,in any case in which the ,board determines that the results of an election under this subsection were influenced by the misconduct of a labor organization1 including misconduct through interference1 restraint1 or coercion of an employee with respect to such election1 the ,board shall set aside the results of such election and order a new election with appropriate additional safeguards necessary to ensure a fair election process4 4 7c7 ,rights of employers regarding employer-issued technology ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended-- 7#a7 by inserting after section #g 7#bi ,u4,s4,c4 #aeg7 the following3 #g;,a4 ,rights of employers regarding employer-issued technology ,an employer shall have the right to determine how technology issued by the employer 7including communication devices and systems7 is used by employees and to prohibit employees from using any such technology for efforts to form1 join1 or assist a labor organization4 2 and 7#b7 in section #h 7#bi ,u4,s4,c4 #aeh71 as amended by section #aja7;a77#b77;,a71 by adding at the end the following3 7i7 ,it shall be an unfair labor practice for an employee or a labor organization to interfere with the right of an employer under section #g;,a1 including by violating or encouraging employees to violate a prohibition of an employer described in such section4 4 7d7 ,rejecting arbitrated first collective bargaining agreements ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended by adding at the end the following3 7f7 ,notwithstanding any other provision of law1 in the case of any collective bargaining agreement that was made through arbitration and that is the first such agreement between an employer and a labor organization1 the employees covered by such agreement shall have the right to vote on the ratification of such agreement through a secret ballot election4 ,in the case that such employees exercise such right and a majority of the employees vote against ratifying the agreement1 the agreement shall be null and void4 4 7e7 ,waiting period after failed labor organization vote ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c771 as amended by subsection 7b71 is further amended-- 7#a7 in paragraph 7#c71 by striking the first sentence2 and 7#b7 by adding at the end the following3 7#h7 7,a7 ,subject to subparagraph 7,b71 no election shall be conducted pursuant to this subsection in any bargaining unit within which1 in the preceding #b-year period1 a valid election was held and a majority of the employees in such bargaining unit voted against representation4 7,b7 ,an election may be held in a case described in subparagraph 7,a7 during the period described in such subparagraph if the bargaining unit described in such subparagraph experiences turnover1 expansion1 or alteration by merger of unit represented employees exceeding #ej percent of the bargaining unit on the date on which the election resulting in a majority of the employees in the unit voting against representation occurred4 4 7f7 ,collective or class actions ,section #g of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeg7 is amended by adding at the end the following3 ,nothing in this section shall confer the right of an employee to support or engage in a class or collective action44 ,,ii ,employee ,benefits and ,advancement #bja4 ,payment of higher wages ,section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 is amended-- 7#a7 by inserting 7#a7 after 7a72 and 7#b7 by adding at the end the following3 7#b7 ,notwithstanding a labor organization's exclusive representation of employees in a unit1 or the terms and conditions of any collective bargaining contract or agreement then in effect1 nothing in either-- 7,a7 paragraph 7#a7 or 7#e7 of section #h7;a71 or 7,b7 a collective bargaining contract or agreement renewed or entered into after the date of enactment of the ,employee ,rights ,act1 shall prohibit an employer from paying an employee in the unit greater wages1 pay1 or other compensation for1 or by reason of1 his or her services as an employee of such employer1 than provided for in such contract or agreement4 4 #bjb4 ,employment relationships 7a7 ,amendments to the ,fair ,labor ,standards ,act of #aich ,to harmonize the definition of employee 7#a7 ,definition of employee ,section #c7;e77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#a77 is amended by inserting before the period the following3 1 as determined under the usual common law rules4 7#b7 ,definition of employ ,section #c7;g7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;g77 is amended by inserting an employee after permit4 7b7 ,clarification of joint employment 7#a7 ,national ,labor ,relations ,act ,section #b7b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7b77 is amended-- 7,a7 by striking ,the term employer and inserting 7,a7 ,the term employer2 and 7,b7 by adding at the end the following3 7,b7 ,an employer may be considered a joint employer of the employees of another employer only if each employer directly1 actually1 and immediately1 and not in a limited and routine manner1 exercises significant control over the essential terms and conditions of employment of the employees of the other employer1 such as hiring such employees1 discharging such employees1 determining the rate of pay and benefits of such employees1 supervising such employees on a day-to-day basis1 assigning such employees a work schedule1 position1 or task1 or disciplining such employees4 4 7#b7 ,fair ,labor ,standards ,act of #aich ,section #c7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;d77 is amended-- 7,a7 by striking ,employer includes and inserting 7#a7 ,employer includes2 and 7,b7 by adding at the end the following3 7#b7 ,an employer may be considered a joint employer of the employees of another employer for purposes of this ,act only if each employer meets the criteria set forth in section #b7b77;,b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7b77;,b77 except that1 for purposes of determining joint-employer status under this ,act1 the terms employee and employer referenced in such section shall have the meanings given such terms in this section4 4 7c7 ,benefits for individuals accessing work through a digital marketplace company 7#a7 ,in general ,notwithstanding any other provision of law1 the fact that an individual accessing work through a digital marketplace company receives retirement or fringe benefits from such digital marketplace company shall not establish1 or support the establishment of1 an employee and employer relationship between the individual accessing work through a digital marketplace company and the digital marketplace company1 respectively1 under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 or any other ,federal law4 7#b7 ,definitions ,in this subsection3 7,a7 ,digital marketplace company ,the term digital marketplace company means a business entity affecting commerce that-- 7i7 7,i7 maintains an online-enabled application or platform to facilitate the exchange of goods or services by users of the online-enabled application or platform2 or 7,,ii7 licenses access to an online-enabled application or platform to facilitate the exchange of goods or services2 and 7ii7 does not require a licensee using the online-enabled application or platform to generate business to accept any specific job request as a condition of maintaining access to the entity's online-enabled application or platform4 7,b7 ,individual accessing work through a digital marketplace company ,the term individual accessing work through a digital marketplace company means an individual who-- 7i7 is provided with the option to accept or reject job requests through an online-enabled application or platform maintained by a digital marketplace company2 and 7ii7 provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee4 7d7 ,provision of technical assistance ,notwithstanding any other provision of law1 under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 or any other ,federal law1 neither of the following may be construed1 alone or in combination with any other factor1 as establishing an employer and employee relationship between a franchisor 7or any employee of the franchisor7 and a franchisee 7or any employee of the franchisee73 7#a7 ,the franchisor 7or any employee of the franchisor7 provides the franchisee 7or any employee of the franchisee7 with1 or requires such franchisee 7or any employee of the franchisee7 to use1 a handbook1 or other training1 on sexual harassment1 human trafficking1 workplace violence1 discrimination1 or opportunities for apprenticeships or scholarships4 7#b7 ,the franchisor 7or any employee of the franchisor7 requires the franchisee 7or any employee of the franchisee7 to adopt a policy on sexual harassment1 human trafficking1 workplace violence1 discrimination1 opportunities for apprenticeships or scholarships1 child care1 or paid leave1 including a requirement for such franchisee 7or any employee of the franchisee7 to report to the franchisor 7or any employee of the franchisor7 any violations or suspected violations of such policy4 7e7 ,protection of employer rights 7#a7 ,purposes ,the purposes of this subsection are-- 7,a7 to preserve the balance of rights between employers1 employees1 and labor organizations2 and 7,b7 to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business4 7#b7 ,clarification of employer rights regarding hiring ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 as amended by section #ajc7;c77#b71 is further amended by adding at the end the following3 7j7 ,nothing in subsection 7a7 shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or membership in a labor organization4 4 #bjc4 ,preventing ,federal actions that cause job losses 7a7 ,definitions ,in this section3 7#a7 ,agency2 rule ,the terms agency and rule have the meanings given those terms in section #eea of title #e1 ,united ,states ,code4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#c7 ,employer ,the term employer has the meaning given the term in section #b of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja74 7#d7 ,mass layoff2 plant closing ,the terms mass layoff and plant closing have the meanings given those terms in section #b of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja71 except that those terms do not include a mass layoff or plant closing described in section #d of that ,act 7#bi ,u4,s4,c4 #bajc74 7#e7 ,rescission resolution ,the term rescission resolution means a joint resolution-- 7,a7 relating to an ,executive order for which the ,director has submitted notice to ,congress under subsection 7d77#b7 that the ,executive order is likely to result in an employer ordering a plant closing or mass layoff2 7,b7 which does not have a preamble2 7,c7 the title of which is as follows3 ,joint resolution relating to nullifying the ,executive ,order relating to 41 the blank space being filled in with the title of the ,executive order2 and 7,d7 the matter after the resolving clause of which is as follows3 8,that-- 7#a7 effective as if enacted on the date on which the ,executive ,order was issued1 the provisions of ,executive ,order 1 entitled are rescinded and shall have no force or effect2 and 7#b7 none of the funds appropriated or otherwise made available by any ,act may be used to implement1 administer1 or otherwise carry out the ,executive ,order described in paragraph 7#a71 or any successor ,executive order or regulation4 1 the blank spaces being filled in with the number and title1 respectively1 of the ,executive order4 7#f7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7b7 ,review process of agency rules 7#a7 ,in general ,the head of an agency shall include in each report relating to a rule submitted to each ,house of ,congress and the ,comptroller ,general of the ,united ,states under section #hja7;a77#a77;,a7 of title #e1 ,united ,states ,code1 a regulatory impact statement that includes-- 7,a7 a determination of whether the rule is likely to result in an employer ordering-- 7i7 a plant closing2 or 7ii7 a mass layoff2 and 7,b7 if the head of the agency makes a positive determination under subparagraph 7,a71 a list of each ,state in which an employer is likely to order a plant closing or mass layoff as a result of the rule4 7#b7 ,considerations ,in making a determination on a rule under paragraph 7#a77;,a71 the head of an agency shall consider comments received from the public4 7#c7 ,notification ,not later than the date on which the head of an agency issues a rule for which the head of the agency makes a positive determination under paragraph 7#a77;,a71 the head of the agency shall notify-- 7,a7 the ,governor of any ,state included in a list described in paragraph 7#a77;,b7 of the likelihood of an employer ordering a plant closing or mass layoff in that ,state as a result of the rule2 and 7,b7 any employees likely to be impacted by an employer ordering a plant closing or mass layoff that may occur as a result of the rule4 7c7 ,time limit for congressional review inapplicable ,with respect to a rule for which the head of an agency makes a positive determination under subsection 7b77#a77;,a71 the period during which a joint resolution described in section #hjb7;a7 of title #e1 ,united ,states ,code1 relating to the rule may be introduced shall be unlimited4 7d7 ,review process of executive orders 7#a7 ,in general ,not later than #g days after the date on which the ,president issues an ,executive order1 the ,director shall determine whether the ,executive order is likely to result in an employer ordering a mass layoff or plant closing4 7#b7 ,notification ,not later than #ae days after the date on which the ,president issues an ,executive order for which the ,director makes a positive determination under paragraph 7#a71 the ,director shall submit a notice to ,congress and the ,governor of any ,state in which an employer is likely to order a plant closing or mass layoff as a result of the ,executive order1 which shall contain the following message3 ,in accordance with section #bjc of the ,employee ,rights ,act1 ,i am notifying you that the ,president has issued ,executive ,order ,number 1 which ,i have determined would likely result in an employer ordering a plant closing or mass layoff at 41 the blank spaces being filled in with the number of the ,executive order and the address of the single site of employment at which an employer is likely to order a plant closing or mass layoff1 respectively4 7e7 ,nullification of executive actions 7#a7 ,in general ,it shall be in order1 not later than #fj days 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress7 after the date on which the ,director notifies ,congress of an ,executive order that is likely to result in an employer ordering a plant closing or mass layoff under subsection 7d77#b71 to introduce a rescission resolution in the ,house of ,representatives or the ,senate with respect to the ,executive order4 7#b7 ,congressional consideration of proposed rescission resolutions 7,a7 ,procedure in ,house and ,senate 7i7 ,referral ,any rescission resolution introduced under paragraph 7#a7 shall be referred to the appropriate committee of the ,house of ,representatives or the ,senate1 as the case may be4 7ii7 ,discharge of committee 7,i7 ,in general ,if the committee to which a rescission resolution with respect to an ,executive order has been referred has not reported it at the end of #be calendar days of continuous session of the ,congress after its introduction1 it is in order to move to-- 7aa7 discharge the committee from further consideration of the rescission resolution2 or 7bb7 discharge the committee from further consideration of any other rescission resolution with respect to the same ,executive order1 which has been referred to the committee4 7,,ii7 ,motion to discharge ,a motion to discharge may be made only by an individual favoring the rescission resolution and may be made only if supported by one-fifth of the ,members of the ,house involved 7a quorum being present74 ,the motion is highly privileged in the ,house and privileged in the ,senate 7except that it may not be made after the committee has reported a rescission resolution with respect to the same ,executive order7 and debate thereon shall be limited to not more than #a hour1 the time to be divided in the ,house equally between those favoring and those opposing the rescission resolution1 and to be divided in the ,senate equally between1 and controlled by1 the majority leader and the minority leader or their designees4 ,an amendment to the motion is not in order1 and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to4 7iii7 ,floor consideration in the ,house 7,i7 ,when the committee of the ,house of ,representatives has reported1 or has been discharged from further consideration of a rescission resolution1 it shall at any time thereafter be in order 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the rescission resolution4 ,the motion shall be highly privileged and not debatable4 ,an amendment to the motion shall not be in order1 nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to4 7,,ii7 ,debate on a rescission resolution shall be limited to not more than #b hours1 which shall be divided equally between those favoring and those opposing the rescission resolution or resolution4 ,a motion further to limit debate shall not be debatable4 ,it shall not be in order to move to reconsider the vote by which a rescission resolution is agreed to or disagreed to4 7,,iii7 ,motions to postpone1 made with respect to the consideration of a rescission resolution1 and motions to proceed to the consideration of other business1 shall be decided without debate4 7,,iv7 ,all appeals from the decisions of the ,chair relating to the application of the ,rules of the ,house of ,representatives to the procedure relating to any rescission resolution shall be decided without debate4 7,v7 ,except to the extent specifically provided in the preceding provisions of this subsection1 consideration of any rescission resolution and amendments thereto 7or any conference report thereon7 shall be governed by the ,rules of the ,house of ,representatives applicable to other rescission resolutions and resolutions1 amendments1 and conference reports in similar circumstances4 7iv7 ,floor consideration in the ,senate 7,i7 ,debate in the ,senate on any rescission resolution1 and all amendments thereto and debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours4 ,the time shall be equally divided between1 and controlled by1 the majority leader and the minority leader or their designees4 7,,ii7 ,debate in the ,senate on any amendment to a rescission resolution shall be limited to #b hours1 to be equally divided between1 and controlled by1 the mover and the manager of the rescission resolution4 ,debate on any amendment to an amendment1 to such a rescission resolution1 and debate on any debatable motion or appeal in connection with such a rescission resolution shall be limited to #a hour1 to be equally divided between1 and controlled by1 the mover and the manager of the rescission resolution1 except that in the event the manager of the rescission resolution is in favor in any such amendment1 motion1 or appeal1 the time in opposition thereto1 shall be controlled by the minority leader or his designee4 ,no amendment that is not germane to the provisions of a rescission resolution shall be received4 ,such leaders1 or either of them1 may1 from the time under their control on the passage of a rescission resolution1 allot additional time to any ,senator during the consideration of any amendment1 debatable motion1 or appeal4 7,,iii7 ,a motion to further limit debate is not debatable4 ,a motion to recommit a rescission resolution 7except a motion to recommit with instructions to report back within a specified number of days1 not to exceed #c1 excluding any day on which the ,senate is not in session7 is not in order4 ,debate on any such motion to recommit shall be limited to one hour1 to be equally divided between1 and controlled by1 the mover and the manager of the concurrent resolution4 7,,iv7 ,the conference report on any rescission resolution shall be in order in the ,senate at any time after the third day 7excluding ,saturdays1 ,sundays1 and legal holidays7 following the day on which such a conference report is reported and is available to ,members of the ,senate4 ,a motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to4 7,v7 ,during ,senate consideration of the conference report on any rescission resolution1 debate shall be limited to #b hours1 to be equally divided between1 and controlled by1 the majority leader and minority leader or their designees4 ,debate on any debatable motion or appeal related to the conference report shall be limited to #cj minutes1 to be equally divided between1 and controlled by1 the mover and the manager of the conference report4 7,,vi7 ,should the conference report be defeated1 debate on any request for a new conference and the appointment of conferees shall be limited to one hour1 to be equally divided1 between1 and controlled by1 the manager of the conference report and the minority leader or his designee1 and should any motion be made to instruct the conferees before the conferees are named1 debate on such motion shall be limited to #cj minutes1 to be equally divided between1 and controlled by1 the mover and the manager of the conference report4 ,debate on any amendment to any such instructions shall be limited to #bj minutes1 to be equally divided between1 and controlled by the mover and the manager of the conference report4 ,in all cases when the manager of the conference report is in favor of any motion1 appeal1 or amendment1 the time in opposition shall be under the control of the minority leader or his designee4 7,,vii7 ,in any case in which there are amendments in disagreement1 time on each amendment shall be limited to #cj minutes1 to be equally divided between1 and controlled by1 the manager of the conference report and the minority leader or his designee4 ,no amendment that is not germane to the provisions of such amendments shall be received4 7#c7 ,continuity of session of ,congress ,for the purpose of this subsection1 continuity of a session of the ,congress shall be considered as broken only by an adjournment of the ,congress sine die4 ,,iii ,structural reforms #cja4 ,tribal ,sovereignty ,section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7 is amended-- 7#a7 in paragraph 7#b71 by inserting or any ,indian tribe1 or any enterprise or institution owned and operated by an ,indian tribe and located on its ,indian lands1 after subdivision thereof12 and 7#b7 by adding at the end the following3 7#ae7 ,the term ,indian tribe means any ,indian tribe1 band1 nation1 pueblo1 or other organized group or community which is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#af7 ,the term ,indian means any individual who is a member of an ,indian tribe4 7#ag7 ,the term ,indian lands means-- 7,a7 all lands within the limits of any ,indian reservation2 7,b7 any lands title to which is either held in trust by the ,united ,states for the benefit of any ,indian tribe or ,indian or held by any ,indian tribe or ,indian subject to restriction by the ,united ,states against alienation2 and 7,c7 any lands in the ,state of ,oklahoma that are within the boundaries of a former reservation 7as defined by the ,secretary of the ,interior7 of a ,federally recognized ,indian tribe4 4 #cjb4 ,labor organizations required to file ,form ,t-#a ,trust ,annual ,reports ,section #bja of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dca7 is amended by adding at the end the following3 7d7 ,form ,t-#a ,annual ,trust ,report 7#a7 ,definition of covered labor organization ,in this subsection1 the term covered labor organization means a labor organization whose total annual receipts equal or exceed #bej1jjj4 7#b7 ,conditions ,each covered labor organization shall file an annual report containing the information described in paragraph 7#c7 for each trust in which a labor organization is interested if the labor organization 7alone or in combination with other labor organizations7-- 7,a7 has1 at any time during or prior to the reporting period1 selected or appointed the majority of the governing board of the trust in office at any time during the reporting period2 or 7,b7 contributes more than #ej percent of the receipts of the trust during the reporting period4 7#c7 ,report ,a report required under paragraph 7#b7 shall contain information pertaining to the financial operations of the labor organization and the trust1 including any transactions or major receipts or disbursements by the trust during the reporting period4 4 ,,iv ,additional reforms to existing labor rights and protections #dja4 ,notice of rights and protections2 voter registration lists ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 as amended by section #bjb7;e71 is further amended by adding at the end the following3 7k7 7#a7 ,the ,board shall promulgate regulations requiring each employer to post and maintain1 in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically1 a notice setting forth the rights and protections afforded to employees under this ,act1 which shall include the right and process to rescind the authority of a labor organization under section #i7;e71 an explanation that any employee in a collective bargaining unit may be exempt from the activities of the labor organization1 and that any fees collected by such labor organization may not be used for political activities1 and with respect to a ,state or ,territory in which membership in a labor organization may not be a condition of employment1 an employee may opt out of any such fees1 and with respect to a ,state or ,territory in which such membership may be a condition of employment1 such fees may only be used by the labor organization for collective bargaining and representational activities4 7#b7 ,whenever the ,board directs an election under section #i7;c7 or approves an election agreement1 the employer of employees in the bargaining unit shall1 not later than two business days after the ,board directs such election or approves such election agreement1 provide a voter list to a labor organization that has petitioned to represent such employees4 ,such voter list shall include the names of all employees in the bargaining unit and not more than one additional form of personal contact information for the employee 7such as a telephone number1 an email address1 or a mailing address7 chosen by the employee in writing4 ,the voter list shall be provided in a searchable electronic format generally approved by the ,board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form4 ,not later than nine months after the date of enactment of the ,employee ,rights ,act1 the ,board shall promulgate regulations implementing the requirements of this paragraph4 7#c7 ,it shall be an unfair labor practice for an employer to violate any requirement under this subsection4 4 #djb4 ,labor organization use of personal information ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77 is amended-- 7#a7 in paragraph 7#f71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#g71 by striking #h7;b74 and inserting #h7;b72 and2 and 7#c7 by adding at the end the following3 7#h7 to fail to protect the personal information of an employee received for an organizing drive1 to use such information for any reason other than a representation proceeding1 or to use such information after the conclusion of a representation proceeding4 4 #djc4 ,notices for labor organization cards declaring purpose and disclosure of dues and fees ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 as amended by section #dja1 is further amended by adding at the end the following3 7l7 7#a7 ,labor organization authorization cards shall be accompanied by a written notice-- 7,a7 specifying that such cards will be used to certify the labor organization as the exclusive bargaining representative of the employee2 and 7,b7 clarifying the rights of the employee and the total monthly dues and fees charged by the labor organization4 7#b7 ,a card shall not be considered valid without the written notice required under paragraph 7#a74 7#c7 ,failure by a labor organization to comply with paragraph 7#a7 shall constitute an unfair labor practice4 4