Employee Rights Act
Latest action · Nov 16, 2015 Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJul 27, 2015
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Employee Rights Act
Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain.
Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election.
Requires the NLRB, in cases where an existing certified or voluntarily recognized bargaining unit experiences turnover, expansion, or alteration by merger of more than 50% of the unit's employees, to conduct a secret paper ballot among the unit employees: (1) between the 120th day and 110th day before the collective bargaining agreement's expiration or before the end of three years, if there is an agreement between the labor organization and the employer; or (2) within 30 days, if there is no agreement between such parties.
Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit.
Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists.
Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists.
Requires an employer to provide the NLRB a list consisting only of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters.
Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB.
Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election.
Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages.
Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth.
Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer.
Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing.
Prohibits a strike without the consent of a majority of all unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization.
Requires each labor organization to make the independently verified annual audit report of its financial condition and operations available to all of its members and represented nonmembers.
Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
Cosponsors 137
Members who signed on, in the order they did. Signatures ran from Jul 27, 2015 to Dec 7, 2016; 30 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-UT | Chris Stewart | Original | Jul 27, 2015 |
| R-NV | Cresent Hardy | Original | Jul 27, 2015 |
| R-NC | David Rouzer | Original | Jul 27, 2015 |
| R-AZ | David Schweikert | Original | Jul 27, 2015 |
| R-CA | Doug LaMalfa | Original | Jul 27, 2015 |
| R-GA | Earl L. "Buddy" Carter | Original | Jul 27, 2015 |
| R-FL | Gus M. Bilirakis | Original | Jul 27, 2015 |
| R-TX | Jeb Hensarling | Original | Jul 27, 2015 |
| R-SC | Jeff Duncan | Original | Jul 27, 2015 |
| R-FL | Jeff Miller | Original | Jul 27, 2015 |
| R-SC | Joe Wilson | Original | Jul 27, 2015 |
| R-TX | John R. Carter | Original | Jul 27, 2015 |
| R-IN | Luke Messer | Original | Jul 27, 2015 |
| R-GA | Lynn A. Westmoreland | Original | Jul 27, 2015 |
| R-UT | Mia B. Love | Original | Jul 27, 2015 |
| R-SC | Mick Mulvaney | Original | Jul 27, 2015 |
| R-KS | Mike Pompeo | Original | Jul 27, 2015 |
| R-AL | Mo Brooks | Original | Jul 27, 2015 |
| R-AZ | Paul A. Gosar | Original | Jul 27, 2015 |
| R-FL | Richard B. Nugent | Original | Jul 27, 2015 |
| R-NC | Richard Hudson | Original | Jul 27, 2015 |
| R-GA | Rob Woodall | Original | Jul 27, 2015 |
| R-TN | Scott DesJarlais | Original | Jul 27, 2015 |
| R-TN | Stephen Lee Fincher | Original | Jul 27, 2015 |
| R-IA | Steve King | Original | Jul 27, 2015 |
| R-FL | Ted S. Yoho | Original | Jul 27, 2015 |
| R-FL | Thomas J. Rooney | Original | Jul 27, 2015 |
| R-KS | Tim Huelskamp | Original | Jul 27, 2015 |
| R-CA | Tom McClintock | Original | Jul 27, 2015 |
| R-MO | Vicky Hartzler | Original | Jul 27, 2015 |
| R-KY | Brett Guthrie | Jul 29, 2015 | |
| R-VA | Robert J. Wittman | Jul 29, 2015 | |
| R-KY | Andy Barr | Sep 16, 2015 | |
| R-PA | Mike Kelly | Sep 17, 2015 | |
| R-AR | J. French Hill | Oct 7, 2015 | |
| R-AR | Steve Womack | Oct 8, 2015 | |
| R-MD | Andy Harris | Oct 22, 2015 | |
| R-NC | Renee L. Ellmers | Oct 28, 2015 | |
| R-TX | Pete Sessions | Nov 4, 2015 | |
| R-AR | Bruce Westerman | Nov 16, 2015 | |
| R-GA | Barry Loudermilk | Nov 17, 2015 | |
| R-GA | Doug Collins | Nov 17, 2015 | |
| R-KS | Kevin Yoder | Nov 17, 2015 | |
| R-CO | Mike Coffman | Nov 17, 2015 | |
| R-NC | Robert Pittenger | Nov 17, 2015 | |
| R-MO | Billy Long | Nov 18, 2015 | |
| R-TX | Blake Farenthold | Nov 18, 2015 | |
| R-VA | J. Randy Forbes | Nov 18, 2015 | |
| R-OK | Jim Bridenstine | Nov 18, 2015 | |
| R-GA | Jody B. Hice | Nov 18, 2015 | |
| R-FL | Ron DeSantis | Nov 18, 2015 | |
| R-TX | John Abney Culberson | Nov 19, 2015 | |
| R-VA | Barbara Comstock | Nov 30, 2015 | |
| R-IN | Jackie Walorski | Nov 30, 2015 | |
| R-CO | Ken Buck | Nov 30, 2015 | |
| R-KS | Lynn Jenkins | Nov 30, 2015 | |
| R-VA | Bob Goodlatte | Dec 1, 2015 | |
| R-VA | E. Scott Rigell | Dec 1, 2015 | |
| R-AL | Gary J. Palmer | Dec 1, 2015 | |
| R-NC | George Holding | Dec 1, 2015 | |
| R-TX | Roger Williams | Dec 1, 2015 | |
| R-FL | Daniel Webster | Dec 2, 2015 | |
| R-CA | Duncan Hunter | Dec 3, 2015 | |
| R-TX | Kenny Marchant | Dec 7, 2015 | |
| R-OH | Robert E. Latta | Dec 7, 2015 | |
| R-TX | Randy K. Weber, Sr. | Dec 8, 2015 | |
| R-MS | Steven M. Palazzo | Dec 8, 2015 | |
| R-MS | Trent Kelly | Dec 8, 2015 | |
| R-TN | Diane Black | Dec 9, 2015 | |
| R-PA | Keith J. Rothfus | Dec 11, 2015 | |
| R-IN | Marlin A. Stutzman | Dec 11, 2015 | |
| R-TX | Pete Olson | Dec 16, 2015 | |
| R-TX | Sam Johnson | Dec 17, 2015 | |
| R-WA | Dan Newhouse | Dec 18, 2015 | |
| R-NE | Adrian Smith | Jan 5, 2016 | |
| R-SC | Trey Gowdy | Jan 5, 2016 | |
| R-WI | Glenn Grothman | Jan 7, 2016 | |
| R-PA | Scott Perry | Jan 7, 2016 | |
| R-VA | Dave Brat | Jan 13, 2016 | |
| R-IN | Todd Rokita | Jan 13, 2016 | |
| R-TX | John Ratcliffe | Feb 1, 2016 | |
| R-OH | Brad R. Wenstrup | Feb 9, 2016 | |
| R-AZ | Trent Franks | Feb 25, 2016 | |
| R-WY | Cynthia M. Lummis | Mar 2, 2016 | |
| R-GA | Tom Graves | Mar 2, 2016 | |
| R-TX | Bill Flores | Mar 3, 2016 | |
| R-CO | Doug Lamborn | Mar 14, 2016 | |
| R-LA | John Fleming | Mar 14, 2016 | |
| R-TX | Michael C. Burgess | Mar 14, 2016 | |
| R-TN | Charles J. "Chuck" Fleischmann | Mar 16, 2016 | |
| R-SC | Tom Rice | Mar 16, 2016 | |
| R-AL | Bradley Byrne | Mar 22, 2016 | |
| R-TX | Lamar Smith | Mar 22, 2016 | |
| R-TX | Michael T. McCaul | Mar 22, 2016 | |
| R-TX | Mac Thornberry | Apr 12, 2016 | |
| R-UT | Rob Bishop | Apr 12, 2016 | |
| R-AZ | Matt Salmon | Apr 14, 2016 | |
| R-LA | Ralph Lee Abraham | Apr 14, 2016 | |
| R-OH | Steve Chabot | Apr 14, 2016 | |
| R-FL | Curt Clawson | Apr 15, 2016 | |
| R-ID | Raul R. Labrador | Apr 15, 2016 | |
| R-FL | Dennis A. Ross | Apr 19, 2016 | |
| R-TX | Louie Gohmert | Apr 19, 2016 | |
| R-TX | Brian Babin | Apr 20, 2016 | |
| R-OK | Steve Russell | Apr 20, 2016 | |
| R-MS | Gregg Harper | Apr 21, 2016 | |
| R-IN | Larry Bucshon | Apr 21, 2016 | |
| R-WA | Cathy McMorris Rodgers | Apr 26, 2016 | |
| R-OH | Jim Jordan | Apr 26, 2016 | |
| R-TX | Kevin Brady | Apr 26, 2016 | |
| R-AS | Aumua Amata Coleman Radewagen | Apr 27, 2016 | |
| R-GA | Rick W. Allen | Apr 27, 2016 | |
| R-CO | Scott R. Tipton | Apr 27, 2016 | |
| R-TX | K. Michael Conaway | Apr 28, 2016 | |
| R-UT | Jason Chaffetz | May 10, 2016 | |
| R-MI | John R. Moolenaar | May 10, 2016 | |
| R-NC | Mark Walker | May 10, 2016 | |
| R-TN | Marsha Blackburn | May 10, 2016 | |
| R-OH | Steve Stivers | May 10, 2016 | |
| R-MO | Ann Wagner | May 11, 2016 | |
| R-NC | Mark Meadows | May 11, 2016 | |
| R-LA | Garret Graves | May 16, 2016 | |
| R-AR | Eric A. "Rick" Crawford | May 17, 2016 | |
| R-TX | Randy Neugebauer | May 18, 2016 | |
| R-PA | Joseph R. Pitts | May 23, 2016 | |
| R-AL | Martha Roby | May 23, 2016 | |
| R-MI | David A. Trott | May 24, 2016 | |
| R-MO | Jason Smith | Jun 7, 2016 | |
| R-ND | Kevin Cramer | Jun 8, 2016 | |
| R-CA | Ken Calvert | Jun 21, 2016 | |
| R-NC | Patrick T. McHenry | Jun 21, 2016 | |
| R-SD | Kristi L. Noem | Jun 28, 2016 | |
| R-CA | Mimi Walters | Jun 28, 2016 | |
| R-FL | Vern Buchanan | Jul 14, 2016 | |
| R-TN | David P. Roe | Sep 13, 2016 | |
| R-MO | Sam Graves | Sep 13, 2016 | |
| R-OH | Warren Davidson | Dec 7, 2016 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Jul 27, 2015 |
| Health, Employment, Labor, and Pensions Subcommittee | Referred Nov 16, 2015 |
Actions 3
Everything that happened, newest first.
- Nov 16, 2015Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
- Jul 27, 2015Introduced in House
- Jul 27, 2015Referred to the House Committee on Education and the Workforce.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H5605 | Joe Wilson R-SC | Jul 29, 2015 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 119, July 27, 2015, page H5524.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1874 | Employee Rights Act | Identical bill | Jul 28, 2015 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization.
- Short Titles as Introduced
- Employee Rights Act
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
Text 1
Each version as it was printed, newest first.
- Jul 27, 2015Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.