I 

113TH CONGRESS 

1ST SESSION H. R. 1815 

To protect workers from the corrupt and coercive ‘‘Card Check’’ system 

of organizing labor unions. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. STOCKMAN introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To protect workers from the corrupt and coercive ‘‘Card 

Check’’ system of organizing labor unions. 

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 ‘‘Union Coercion Pre5 vention Act’’. 

6 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA7 TIONS ACT. 

8 (a) UNFAIR LABOR PRACTICES.—Section 8(b)(1) of 

9 the National Labor Relations Act (29 U.S.C. 158(b)(1)) 


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1 is amended by inserting ‘‘interfere with’’ before ‘‘re2 strain’’. 

3 (b) REPRESENTATIVES AND ELECTIONS.—Section 9 

4 of the National Labor Relations Act (29 U.S.C. 159) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘designated or selected for 

8 the purposes of collective bargaining’’ and in9 serting ‘‘for the purposes of collective bar10 gaining selected by secret ballot in an election 

11 conducted by the Board,’’; and 

12 (B) by inserting before the period the fol13 lowing: ‘‘: Provided further, That, for purposes 

14 of determining the majority of the employees in 

15 a secret ballot election in a unit, the term ‘ma16 jority’ shall mean the majority of all the em17 ployees in the unit, and not the majority of em18 ployees voting in the election’’. 

19 (c) FAIR REPRESENTATION IN ELECTIONS.—Section 

20 9 of the National Labor Relations Act (29 U.S.C. 159) 

21 is amended— 

22 (1) in subsection (b), by inserting ‘‘prior to an 

23 election’’ after ‘‘in each case’’; and 

24 (2) in subsection (c)— 


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1 (A) in the flush matter following para2 graph (1)(B)— 

3 (i) by inserting ‘‘of 14 days in ad4 vance’’ after ‘‘appropriate hearing upon 

5 due notice’’; 

6 (ii) by inserting ‘‘, and a review of 

7 post-hearing appeals,’’ after ‘‘the record of 

8 such hearing’’; and 

9 (iii) by adding at the end the fol10 lowing: ‘‘No election shall be conducted 

11 less than 40 calendar days following the 

12 filing of an election petition. The employer 

13 shall provide the Board a list of employee 

14 names and home addresses of all eligible 

15 voters within 7 days following the Board’s 

16 determination of the appropriate unit or 

17 following any agreement between the em18 ployer and the labor organization regard19 ing the eligible voters.’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(6)(A) No election shall take place after the filing 

22 of any petition unless and until— 

23 ‘‘(i) a hearing is conducted before a qualified 

24 hearing officer in accordance with due process on 

25 any and all material, factual issues regarding jurisVerDate Mar 15 2010 21:45 May 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1815.IH H1815

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1 diction, statutory coverage, appropriate unit, unit in2 clusion or exclusion, or eligibility of individuals; and 

3 ‘‘(ii) the issues are resolved by a Regional Di4 rector, subject to appeal and review, or by the 

5 Board. 

6 ‘‘(B) No election results shall be final and no labor 

7 organization shall be certified as the bargaining represent8 ative of the employees in an appropriate unit unless and 

9 until the Board has ruled on— 

10 ‘‘(i) each pre-election issue not resolved before 

11 the election; and 

12 ‘‘(ii) the Board conducts a hearing in accord13 ance with due process and resolves each issue per14 taining to the conduct or results of the election.’’. 

15 (d) PENALTIES.—Section 10 of the National Labor 

16 Relations Act (29 U.S.C. 160) is amended by inserting 

17 after the second sentence following the second proviso, the 

18 following: ‘‘Any labor organization found to have inter19 fered with, restrained, or coerced employees in the exercise 

20 of their rights under section 7 to form or join a labor orga21 nization or to refrain therefrom, including the filing of a 

22 decertification petition, shall be liable for wages lost and 

23 union dues or fees collected unlawfully, if any, and an ad24 ditional amount as liquidated damages. Any labor organi25 zation found to have interfered with, restrained, or coerced 


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1 an employee in connection with the filing of a decertifica2 tion petition shall be prohibited from filing objections to 

3 an election held pursuant to such petition.’’. 

Æ 


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