HR 3222 · 114th Congress 2015โ€“2017, ended

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.

  1. IntroducedJul 27, 2015
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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.

SeatCosponsorSigned on
R-UTChris StewartOriginalJul 27, 2015
R-NVCresent HardyOriginalJul 27, 2015
R-NCDavid RouzerOriginalJul 27, 2015
R-AZDavid SchweikertOriginalJul 27, 2015
R-CADoug LaMalfaOriginalJul 27, 2015
R-GAEarl L. "Buddy" CarterOriginalJul 27, 2015
R-FLGus M. BilirakisOriginalJul 27, 2015
R-TXJeb HensarlingOriginalJul 27, 2015
R-SCJeff DuncanOriginalJul 27, 2015
R-FLJeff MillerOriginalJul 27, 2015
R-SCJoe WilsonOriginalJul 27, 2015
R-TXJohn R. CarterOriginalJul 27, 2015
R-INLuke MesserOriginalJul 27, 2015
R-GALynn A. WestmorelandOriginalJul 27, 2015
R-UTMia B. LoveOriginalJul 27, 2015
R-SCMick MulvaneyOriginalJul 27, 2015
R-KSMike PompeoOriginalJul 27, 2015
R-ALMo BrooksOriginalJul 27, 2015
R-AZPaul A. GosarOriginalJul 27, 2015
R-FLRichard B. NugentOriginalJul 27, 2015
R-NCRichard HudsonOriginalJul 27, 2015
R-GARob WoodallOriginalJul 27, 2015
R-TNScott DesJarlaisOriginalJul 27, 2015
R-TNStephen Lee FincherOriginalJul 27, 2015
R-IASteve KingOriginalJul 27, 2015
R-FLTed S. YohoOriginalJul 27, 2015
R-FLThomas J. RooneyOriginalJul 27, 2015
R-KSTim HuelskampOriginalJul 27, 2015
R-CATom McClintockOriginalJul 27, 2015
R-MOVicky HartzlerOriginalJul 27, 2015
R-KYBrett GuthrieJul 29, 2015
R-VARobert J. WittmanJul 29, 2015
R-KYAndy BarrSep 16, 2015
R-PAMike KellySep 17, 2015
R-ARJ. French HillOct 7, 2015
R-ARSteve WomackOct 8, 2015
R-MDAndy HarrisOct 22, 2015
R-NCRenee L. EllmersOct 28, 2015
R-TXPete SessionsNov 4, 2015
R-ARBruce WestermanNov 16, 2015
R-GABarry LoudermilkNov 17, 2015
R-GADoug CollinsNov 17, 2015
R-KSKevin YoderNov 17, 2015
R-COMike CoffmanNov 17, 2015
R-NCRobert PittengerNov 17, 2015
R-MOBilly LongNov 18, 2015
R-TXBlake FarentholdNov 18, 2015
R-VAJ. Randy ForbesNov 18, 2015
R-OKJim BridenstineNov 18, 2015
R-GAJody B. HiceNov 18, 2015
R-FLRon DeSantisNov 18, 2015
R-TXJohn Abney CulbersonNov 19, 2015
R-VABarbara ComstockNov 30, 2015
R-INJackie WalorskiNov 30, 2015
R-COKen BuckNov 30, 2015
R-KSLynn JenkinsNov 30, 2015
R-VABob GoodlatteDec 1, 2015
R-VAE. Scott RigellDec 1, 2015
R-ALGary J. PalmerDec 1, 2015
R-NCGeorge HoldingDec 1, 2015
R-TXRoger WilliamsDec 1, 2015
R-FLDaniel WebsterDec 2, 2015
R-CADuncan HunterDec 3, 2015
R-TXKenny MarchantDec 7, 2015
R-OHRobert E. LattaDec 7, 2015
R-TXRandy K. Weber, Sr.Dec 8, 2015
R-MSSteven M. PalazzoDec 8, 2015
R-MSTrent KellyDec 8, 2015
R-TNDiane BlackDec 9, 2015
R-PAKeith J. RothfusDec 11, 2015
R-INMarlin A. StutzmanDec 11, 2015
R-TXPete OlsonDec 16, 2015
R-TXSam JohnsonDec 17, 2015
R-WADan NewhouseDec 18, 2015
R-NEAdrian SmithJan 5, 2016
R-SCTrey GowdyJan 5, 2016
R-WIGlenn GrothmanJan 7, 2016
R-PAScott PerryJan 7, 2016
R-VADave BratJan 13, 2016
R-INTodd RokitaJan 13, 2016
R-TXJohn RatcliffeFeb 1, 2016
R-OHBrad R. WenstrupFeb 9, 2016
R-AZTrent FranksFeb 25, 2016
R-WYCynthia M. LummisMar 2, 2016
R-GATom GravesMar 2, 2016
R-TXBill FloresMar 3, 2016
R-CODoug LambornMar 14, 2016
R-LAJohn FlemingMar 14, 2016
R-TXMichael C. BurgessMar 14, 2016
R-TNCharles J. "Chuck" FleischmannMar 16, 2016
R-SCTom RiceMar 16, 2016
R-ALBradley ByrneMar 22, 2016
R-TXLamar SmithMar 22, 2016
R-TXMichael T. McCaulMar 22, 2016
R-TXMac ThornberryApr 12, 2016
R-UTRob BishopApr 12, 2016
R-AZMatt SalmonApr 14, 2016
R-LARalph Lee AbrahamApr 14, 2016
R-OHSteve ChabotApr 14, 2016
R-FLCurt ClawsonApr 15, 2016
R-IDRaul R. LabradorApr 15, 2016
R-FLDennis A. RossApr 19, 2016
R-TXLouie GohmertApr 19, 2016
R-TXBrian BabinApr 20, 2016
R-OKSteve RussellApr 20, 2016
R-MSGregg HarperApr 21, 2016
R-INLarry BucshonApr 21, 2016
R-WACathy McMorris RodgersApr 26, 2016
R-OHJim JordanApr 26, 2016
R-TXKevin BradyApr 26, 2016
R-ASAumua Amata Coleman RadewagenApr 27, 2016
R-GARick W. AllenApr 27, 2016
R-COScott R. TiptonApr 27, 2016
R-TXK. Michael ConawayApr 28, 2016
R-UTJason ChaffetzMay 10, 2016
R-MIJohn R. MoolenaarMay 10, 2016
R-NCMark WalkerMay 10, 2016
R-TNMarsha BlackburnMay 10, 2016
R-OHSteve StiversMay 10, 2016
R-MOAnn WagnerMay 11, 2016
R-NCMark MeadowsMay 11, 2016
R-LAGarret GravesMay 16, 2016
R-AREric A. "Rick" CrawfordMay 17, 2016
R-TXRandy NeugebauerMay 18, 2016
R-PAJoseph R. PittsMay 23, 2016
R-ALMartha RobyMay 23, 2016
R-MIDavid A. TrottMay 24, 2016
R-MOJason SmithJun 7, 2016
R-NDKevin CramerJun 8, 2016
R-CAKen CalvertJun 21, 2016
R-NCPatrick T. McHenryJun 21, 2016
R-SDKristi L. NoemJun 28, 2016
R-CAMimi WaltersJun 28, 2016
R-FLVern BuchananJul 14, 2016
R-TNDavid P. RoeSep 13, 2016
R-MOSam GravesSep 13, 2016
R-OHWarren DavidsonDec 7, 2016

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Jul 27, 2015
Health, Employment, Labor, and Pensions Subcommittee
Referred Nov 16, 2015

Actions 3

Everything that happened, newest first.

  1. Nov 16, 2015Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
  2. Jul 27, 2015Introduced in House
  3. 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.

WhereIn the RecordMembersDate
HouseDebate and remarks H5605Joe Wilson R-SCJul 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

Congress has the power to enact this legislation pursuant to the following: the authority enumerated in Clause 3 of Section 8 of Article I of the United States Constitution.

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.

BillTitleRelationshipLatest action
S 1874Employee Rights ActIdentical billJul 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.

  1. Jul 27, 2015Introduced in House

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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.