,,ii #aaith ,,congress #ast ,session ,s4 #caag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #f1 #bjbe ,mr4 ,cassidy 7for himself and ,mr4 ,tuberville7 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 regarding labor organization elections1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,worker ,reforming ,elections for ,speedy and ,unimpeded ,labor ,talks ,act or the ,worker ,,results ,act4 #b4 ,amendments to the ,national ,labor ,relations ,act regarding elections 7a7 ,certification bar2 extension of recertification window2 decertification during initial bargaining phase 7#a7 ,in general ,section #i7;c77#c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77#c77 is amended-- 7,a7 by striking ,no election and inserting 7,a7 ,no election2 7,b7 by striking held4 and inserting the following3 8held in which a majority of the employees in the bargaining unit fail to select a representative for purposes of collective bargaining4 7,b7 7i7 ,in the case of a valid election in which the majority of the employees in a bargaining unit select a representative for purposes of collective bargaining1 the ,board shall dismiss any petition for an election under this subsection with respect to the bargaining unit1 or any subdivision1 that is filed before there is collective bargaining agreement with respect to the employees in effect between the representative and the employer of the employees4 7ii7 7,i7 ,if the ,board determines that1 during the initial collective bargaining phase for an employer and a representative selected for purposes of collective bargaining by the employees of the bargaining unit1 the representative is not bargaining collectively in good faith with the employer1 then-- 7aa7 there shall be a #ij-;day period1 beginning on the date that is #fj days after the ,board makes such determination and ending on the date that is #aej days after such determination 7referred to in this clause as the decertification window period71 during which a petition may be filed in accordance with paragraph 7#a77;,a77ii7 or subsection 7e77#a71 as applicable2 and 7bb7 not later than #de days before the first day of the decertification window period1 the ,board shall provide notice to each employee in the bargaining unit regarding the ,board's determination under this clause4 7,,ii7 ,in this clause1 the term initial collective bargaining phase means the period beginning on the date of a valid election in which the majority of employees in a bargaining unit select a representative for purposes of collective bargaining and ending on the day before the date on which such representative and the employer of the employees enter into the initial collective bargaining agreement4 7,c7 ,with respect to an employer and a representative of employees of the employer in a bargaining unit1 beginning on the date on which the first collective bargaining agreement takes effect between such employer and such representative with respect to such unit1 the ,board shall dismiss any petition for an election under this subsection with respect to the bargaining unit unless the petition is filed-- 7i7 during any period during which a collective bargaining agreement between the employer and such representative with respect to such unit is not in effect2 or 7ii7 during any window period applicable to the employer and representative with respect to such unit1 in accordance with subparagraph 7,d74 7,d7 7i7 ,for purposes of subparagraph 7,c7 and subject to clause 7ii71 the term window period1 with respect to an employer and a representative of employees of the employer in a bargaining unit1 means a #ij-;day period beginning #aej days and ending #fj days before-- 7,i7 the last day of the #b-year period beginning on the date on which the first collective bargaining agreement between the employer and representative of such employees took effect2 or 7,,ii7 the last day of each consecutive #b-year period thereafter4 7ii7 ,in the case of an employer that is a health care institution1 clause 7i7 shall be applied by substituting #ahj days for #aej days and by substituting #ij days for #fj days4 2 7,c7 by striking ,employees and inserting the following3 7,e7 ,employees 2 and 7,d7 by striking ,in any election and inserting the following3 7,f7 ,in any election 4 7#b7 ,clarification ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,it shall not be an unfair labor practice under subsection 7a7 or 7b7 for any person to inform employees of their rights under subparagraph 7,b77ii7 or 7,c7 of section #i7;c77#c74 4 7b7 ,requirement for secret ballot elections ,section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 is amended by striking designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot1 in an election conducted by the ,board14 7c7 ,quorum ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei71 as amended by this section1 is further amended-- 7#a7 in subsection 7a71 by inserting ,that1 in certifying a representative as the exclusive representative of all employees in a unit for such purposes of collective bargaining1 the majority shall be the majority of voters in a secret ballot election in which not less than two-thirds of all employees in the unit vote3 ,provided further1 after employment3 ,provided1 2 and 7#b7 in subsection 7c77#c77;,f71 as designated by subsection 7a71 by inserting of the votes1 when not less than two-thirds of all employees in the unit vote1 after majority4 7d7 ,removal of settlement bar ,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 ,the ,board shall not prohibit or postpone1 or impose any bar or delay on1 any recognition election based on a petition by a party due to a settlement of any unfair labor practice charge against either party4 4 7e7 ,limit on ,board authority ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77 is further amended by adding at the end the following3 7#g7 ,the ,board shall not dismiss or impose any bar or restriction regarding when an election under this section may be requested or directed1 except as established in this subsection or subsections 7d71 7e77#b71 7f71 and 7g74 4 7f7 ,blocking charges and no merit-,based dismissals ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended by adding at the end the following3 7f7 7#a7 ,whenever any party to a representation proceeding under this section files a charge of an unfair labor practice together with a request that the charge block the process of an election under this section1 or whenever any party to a representation proceeding requests that its previously filed charge of an unfair labor practice block such process1 the party shall simultaneously file1 but not serve on any other party1 a written offer of proof in support of the charge4 ,the offer of proof shall provide the names of the witnesses who will testify in support of the charge and a summary of each witness's anticipated testimony4 ,the party seeking to block the process of an election under this section shall also promptly make available to the regional director the witnesses identified in its offer of proof4 7#b7 ,except as provided in paragraph 7#c71 the ballots for an election in a case described in paragraph 7#a7 shall be promptly opened and counted at the conclusion of the election4 7#c7 ,if the charge in a case described in paragraph 7#a7 is filed that alleges a violation of subsection 7a77#a71 7a77#b71 or 7b77#a77;,a7 of section #h and that challenges the circumstances surrounding the petition for the election or the showing of interest submitted in support of such petition1 or if a charge is filed in a case described in paragraph 7#a7 that alleges an employer has dominated a labor organization in violation of section #h7;a77#b7 and that seeks to disestablish a bargaining relationship1 the regional director shall impound the ballots for the election for a period not to exceed #fj days from the conclusion of the election unless the charge has been withdrawn or dismissed prior to the conclusion of the election4 ,if a complaint issues with respect to such charge at any time prior to the expiration of that period of not more than #fj days1 the ballots for the election shall continue to be impounded until there is a final determination regarding the charge and its effect1 if any1 on the election petition4 ,if the charge is withdrawn or dismissed at any time during that period1 or if the period ends without a complaint issuing1 the ballots shall be promptly opened and counted4 ,the period of not more than #fj days under this paragraph shall not be extended1 even if more than one charge of an unfair labor practice is filed serially4 7#d7 ,in any case described in paragraph 7#a71 the certification of results 7including1 where appropriate1 a certification of representative7 for the election shall not issue until there is a final disposition of the charge and a determination of its effect1 if any1 on the election petition4 7g7 ,in any case in which there is a representation proceeding involving an employer and also a charge of an unfair labor practice against any party to the representation proceeding1 a regional director shall dismiss the representation proceeding due to an unfair labor practice charge only if such charge is found to be meritorious through a formal evidentiary hearing4 4 7g7 ,no successor bar ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei71 as amended by this section1 is further amended by adding at the end the following3 7h7 ,with respect to any successor employer 7defined1 for purposes of this subsection1 as an employer who acquires substantially all of the property used in a trade or business of another employer71 the ,board shall not prohibit or postpone1 or impose any bar or delay on the timing of1 the filing of a petition for an election under this section based on the acquisition by the successor employer4 4 7h7 ,unfair labor practice ,to enter into no-,raid agreements 7#a7 ,in general ,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 and after the semicolon2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h72 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 to enter into an agreement with any other labor organization1 or its agents1 in which a labor organization agrees to not solicit1 compete for1 organize for purposes of collective bargaining1 or otherwise represent1 a group of employees of an employer1 or of a certain trade1 class1 or craft2 and 2 and 7,d7 in the matter following paragraph 7#h71 as so redesignated1 by striking this paragraph 7#g7 and inserting this paragraph 7#h74 7#b7 ,conforming amendments ,section #aj7l7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7l77 is amended by striking section #h7;b77#g7 each place the term appears and inserting section #h7;b77#h74