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103D CONGRESS

1ST SESSION H. R. 1341

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

MARCH 16, 1993

Mr. ARMEY 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. AMENDMENTS TO THE NATIONAL LABOR RELA4 TIONS ACT.

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

6 Labor Relations Act (29 U.S.C. 157) is amended by strik7 ing ‘‘except to’’ and all that follows through ‘‘authorized

8 in section 8(a)(3) of this title’’.
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1 (b) UNFAIR LABOR PRACTICE FOR EMPLOYER.—

2 Paragraph (3) of section 8(a) of the National Labor Rela3 tions Act (29 U.S.C. 158(a)) is amended by striking

4 ‘‘: Provided, That’’ and all that follows through ‘‘retaining

5 membership’’.

6 (c) UNFAIR LABOR PRACTICE FOR LABOR ORGANI7 ZATION.—Section 8(b) of the National Labor Relations

8 Act (29 U.S.C. 158(b)) is amended—

9 (1) in paragraph (1)—

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

11 ‘‘restrain’’; and

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

13 can resign at any time effective immediately)’’

14 after ‘‘membership therein’’ in clause (A);

15 (2) in paragraph (2), by striking ‘‘or to dis16 criminate’’ and all that follows through ‘‘retaining

17 membership’’;

18 (3) in paragraph (5)—

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

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

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

22 and inserting ‘‘being represented by’’;

23 (C) by striking the period after ‘‘cir24 cumstances’’, and by inserting ‘‘to defray the
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1 costs of collective bargaining under section

2 8(d)’’ after ‘‘all the circumstances’’; and

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

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

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

6 National Labor Relations Act (29 U.S.C. 159) is amend7 ed—

8 (1) by amending subsection (a) to read as fol9 lows:

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

11 the purposes of collective bargaining by the affirmative

12 vote of a majority of all the employees in a unit appro13 priate for such purposes shall be the only collective rep14 resentative of employees in such unit for the purposes of

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

16 hours of employment, or other conditions of employment

17 for employees who elect to work under the terms and con18 ditions of a collective bargaining agreement negotiated by

19 such collective representative.

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

21 those employees who have affirmatively designated or se22 lected such representation. Any employee designation or

23 selection under this subsection shall be in writing, shall

24 state in prominent type that such designation or selection

25 is revocable at any time, shall be signed by the employee
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1 and delivered to both the employer and the collective rep2 resentative, and shall provide in prominent type that no

3 financial obligation can be imposed on account of the col4 lective representation of the employee after the date of any

5 revocation of collective representation.

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

7 in any collective-bargaining agreement negotiated by a col8 lective representative designated or selected under this

9 subsection shall apply only to those employees who affirm10 atively elect in writing to accept such terms and conditions

11 of employment: Provided, That any individual employee or

12 a group of employees who have elected to accept such

13 terms and conditions of employment shall have the

14 nonwaivable right at any time to present grievances to

15 their employer and to have such grievances adjusted, with16 out the intervention of the collective representative, as

17 long as the adjustment is not inconsistent with the terms

18 of the collective-bargaining agreement then in effect for

19 that employee or group of employees: Provided further,

20 That the collective representative of such employee or

21 group of employees has been given an opportunity to be

22 present at such adjustment. Individual employees who do

23 not affirmatively elect in writing to accept the terms and

24 conditions set out in a collective-bargaining agreement
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1 may accept any other terms and conditions of employment

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

3 (2) by striking subsection (e).

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