I 

116TH CONGRESS 

1ST SESSION H. R. 5147 

To amend the National Labor Relations Act to repeal exclusive representation, 

to remove any requirement that individual employees join or pay dues 

or fees to labor organizations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2019 

Mr. JOHNSON of South Dakota (for himself, Mr. MURPHY of North Carolina, 

and Mr. DAVID P. ROE of Tennessee) introduced the following bill; which 

was referred to the Committee on Education and Labor 

A BILL 

To amend the National Labor Relations Act to repeal exclusive representation, to remove any requirement that individual employees join or pay dues or fees to labor organizations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Worker’s Choice Act 

5 of 2019’’. 


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1 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA2 TIONS ACT. 

3 (a) EMPLOYEE RIGHTS.—Section 7 of the National 

4 Labor Relations Act (29 U.S.C. 157) is amended by strik5 ing ‘‘except to’’ and all that follows through ‘‘authorized 

6 in section 8(a)(3)’’. 

7 (b) UNFAIR LABOR PRACTICE FOR EMPLOYER.— 

8 Paragraph (3) of section 8(a) of the National Labor Rela9 tions Act (29 U.S.C. 158(a)) is amended by striking ‘‘: 

10 Provided, That’’ and all that follows through ‘‘retaining 

11 membership’’. 

12 (c) UNFAIR LABOR PRACTICE FOR LABOR ORGANI13 ZATION.—Section 8(b) of the National Labor Relations 

14 Act (29 U.S.C. 158(b)) is amended— 

15 (1) in paragraph (1)— 

16 (A) by inserting ‘‘interfere with,’’ before 

17 ‘‘restrain’’; and 

18 (B) by inserting ‘‘(except that an employee 

19 can resign at any time effective immediately)’’ 

20 after ‘‘membership therein’’ in subparagraph 

21 (A); 

22 (2) in paragraph (2), by striking ‘‘or to dis23 criminate’’ and all that follows through ‘‘retaining 

24 membership’’; 

25 (3) in paragraph (5)— 


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1 (A) by striking ‘‘covered by an agreement 

2 authorized under subsection (a)(3)’’; 

3 (B) by striking ‘‘becoming a member of’’ 

4 and inserting ‘‘being represented by’’; 

5 (C) by striking the period after ‘‘cir6 cumstances’’, and by inserting ‘‘to defray the 

7 costs of collective bargaining under section 

8 8(d)’’ after ‘‘all the circumstances’’; and 

9 (D) by striking ‘‘In making such’’ and all 

10 that follows through ‘‘the employees affected’’. 

11 (d) EMPLOYEE REPRESENTATION.—Section 9 of the 

12 National Labor Relations Act (29 U.S.C. 159) is amend13 ed— 

14 (1) by amending subsection (a) to read as fol15 lows: 

16 ‘‘(a)(1) A representative designated or selected for 

17 the purposes of collective bargaining by the affirmative 

18 vote of a majority of all the employees in a unit appro19 priate for such purposes shall be the only collective rep20 resentative of employees in such unit for the purposes of 

21 collective bargaining in respect to rates of pay, wages, 

22 hours of employment, or other conditions of employment 

23 for employees who elect to work under the terms and con24 ditions of a collective-bargaining agreement negotiated by 

25 such collective representative. 


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1 ‘‘(2) A collective representative may represent only 

2 those employees who have affirmatively designated or se3 lected such representation. Any employee designation or 

4 selection under this subsection shall be in writing, shall 

5 state in prominent type that such designation or selection 

6 is revocable at any time, shall be signed by the employee 

7 and delivered to both the employer and the collective rep8 resentative, and shall provide in prominent type that no 

9 financial obligation can be imposed on account of the col10 lective representation of the employee after the date of any 

11 revocation of collective representation. 

12 ‘‘(3) The terms and conditions of employment set out 

13 in any collective-bargaining agreement negotiated by a col14 lective representative designated or selected under this 

15 subsection shall apply only to those employees who affirm16 atively elect in writing to accept such terms and conditions 

17 of employment: Provided, That any individual employee or 

18 a group of employees who have elected to accept such 

19 terms and conditions of employment shall have the 

20 nonwaivable right at any time to present grievances to 

21 their employer and to have such grievances adjusted, with22 out the intervention of the collective representative, as 

23 long as the adjustment is not inconsistent with the terms 

24 of the collective-bargaining agreement then in effect for 

25 that employee or group of employees: Provided further, 


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1 That the collective representative of such employee or 

2 group of employees has been given an opportunity to be 

3 present at such adjustment. Individual employees who do 

4 not affirmatively elect in writing to accept the terms and 

5 conditions set out in a collective-bargaining agreement 

6 may accept any other terms and conditions of employment 

7 mutually acceptable to them and the employer.’’; and 

8 (2) by striking subsection (e). 

Æ 


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