I 

116TH CONGRESS 

2D SESSION H. R. 7485 

To direct the National Labor Relations Board to implement a system and 

procedures to conduct representation elections remotely using an electronic voting system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2020 

Mr. LEVIN of Michigan (for himself, Mr. FITZPATRICK, Mr. BLUMENAUER, 

Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of 

Pennsylvania, Mr. CARSON of Indiana, Mr. CASE, Mr. COHEN, Mr. 

DESAULNIER, Mr. DEUTCH, Mr. MICHAEL F. DOYLE of Pennsylvania, 

Ms. ESHOO, Mr. GALLEGO, Mr. GARAMENDI, Mr. GARCI ́A of Illinois, Mr. 

GREEN of Texas, Mrs. HAYES, Mr. HIGGINS of New York, Ms. JAYAPAL, 

Ms. KAPTUR, Mr. KHANNA, Mr. KILMER, Mr. LARSON of Connecticut, 

Mr. LOWENTHAL, Mr. LUJA ́N, Mr. LYNCH, Mr. NORCROSS, Ms. NORTON, 

Mr. PALLONE, Mr. POCAN, Mr. ROSE of New York, Mr. RYAN, Ms. 

SA ́NCHEZ, Ms. SCHAKOWSKY, Mr. DAVID SCOTT of Georgia, Mr. 

SERRANO, Ms. SLOTKIN, Mr. SMITH of Washington, Mr. SOTO, Ms. 

TLAIB, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Ms. WILD, and Ms. 

WILSON of Florida) introduced the following bill; which was referred to 

the Committee on Education and Labor 

A BILL 

To direct the National Labor Relations Board to implement 

a system and procedures to conduct representation elections remotely using an electronic voting system, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘SAFE Workers Act’’ 

3 or the ‘‘Secure And Fair Elections for Workers Act’’. 

4 SEC. 2. ELECTRONIC VOTING IN UNION ELECTIONS. 

5 (a) IN GENERAL.— 

6 (1) ELECTRONIC VOTING SYSTEM.—Subject to 

7 the provisions of this section, not later than 90 days 

8 after the date of the enactment of this Act, the Na9 tional Labor Relations Board shall implement a sys10 tem and procedures to conduct representation elec11 tions remotely using an electronic voting system. 

12 (2) PROCEDURES.—The procedures under para13 graph (1) shall ensure that each employee voting in 

14 a representation election may choose to cast a vote 

15 using either an internet voting system or a telephone 

16 voting system. 

17 (3) NATIONAL MEDIATION BOARD SYSTEM.—If 

18 the Board does not implement a system under para19 graph (1) before the date that is 60 days after the 

20 date of the enactment of this Act, the Board shall 

21 enter into a temporary agreement to use the system 

22 and procedures used by the National Mediation 

23 Board to conduct representation elections for the pe24 riod— 

25 (A) beginning on the date that is 60 days 

26 after the date of enactment of this Act; and 


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1 (B) ending on the date that is 90 days 

2 after the date of enactment of this Act 

3 (b) INTERIM PERIOD.—During the period beginning 

4 on the date of the enactment of this Act and ending upon 

5 the date on which the system and procedures are imple6 mented under subsection (a), the Board shall conduct all 

7 representation elections by mail ballot. 

8 (c) IMPRACTICABILITY.—A regional director shall 

9 conduct a representation election by mail ballot if, during 

10 a representation proceeding with respect to such election, 

11 a party makes a showing that conducting such election 

12 in accordance with the system and procedures under sub13 section (a) is impracticable. 

14 (d) REPORT.—Not later than 90 days of the enact15 ment of this Act, and every 90 days thereafter, the Board 

16 shall submit to Congress a report containing a description 

17 of the following: 

18 (1) For each representation petition under sec19 tion 9 of the National Labor Relations Act filed— 

20 (A) the case name and case number; 

21 (B) the number of days between the peti22 tion and the election; 

23 (C) the number of days between the stipu24 lation or direction of election and the election; 

25 (D) the method of the election; 


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1 (E) the results of the election; and 

2 (F) the number of eligible voters, the num3 ber of voters participating in the election, and 

4 the method by which each of the voters sub5 mitted their vote. 

6 (2) The total cost of conducting all elections the 

7 Board conducted through the system and procedures 

8 required by subsection (a). 

9 (e) PERIOD OF APPLICATION.—The requirements 

10 under this section shall apply with respect to any represen11 tation election conducted during the period— 

12 (1) beginning on the date of enactment of this 

13 Act; and 

14 (2) ending on the date on which a COVID–19 

15 public health emergency is not in effect with respect 

16 to the worksite of a participant of such election. 

17 (f) DEFINITIONS.—In this section: 

18 (1) ELECTRONIC VOTING SYSTEM.—The term 

19 ‘‘electronic voting system’’— 

20 (A) includes an internet voting system and 

21 a telephone voting system; and 

22 (B) does not include machines used for 

23 casting votes at a polling site or an electronic 

24 tabulation system where votes are cast non-elecVerDate Sep 11 2014 01:21 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7485.IH H7485

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1 tronically but counted electronically (such as a 

2 punch card or optical scanning system). 

3 (2) INTERNET VOTING SYSTEM.—The term 

4 ‘‘internet voting system’’ means an internet-based 

5 voting system that allows a participant to cast a bal6 lot remotely using a personal computer or other mo7 bile electronic device that is connected to the inter8 net. 

9 (3) TELEPHONE VOTING SYSTEM.—The term 

10 ‘‘telephone voting system’’ means a voting system in 

11 which participants may cast a vote remotely using a 

12 telephone. 

13 (4) REMOTELY.—The term ‘‘remotely’’, used 

14 with respect to voting in a representation election, 

15 means a vote may be cast at any site chosen by a 

16 participant in such election. 

17 (5) REPRESENTATION ELECTION.—The term 

18 ‘‘representation election’’ means a representation 

19 election under section 9 of the National Labor Rela20 tions Act (29 U.S.C. 159). 

21 (6) COVID–19 PUBLIC HEALTH EMERGENCY.— 

22 The term ‘‘COVID–19 public health emergency’’ 

23 means a public health emergency with respect to 

24 COVID–19 declared by a Federal, State, or local au25 thority. 


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1 (g) AUTHORIZATION OF APPROPRIATION.—There are 

2 authorized to be appropriated $1,000,000 to the Board 

3 to carry out this section. 

4 SEC. 3. AMENDMENT TO FURTHER CONSOLIDATED APPRO5 PRIATIONS ACT. 

6 The Further Consolidated Appropriations Act, 2020 

7 (Public Law 116–94) is amended by striking section 407. 

Æ 


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